What Should You Do If a Dog Bites Your Child?

What Should You Do If a Dog Bites Your Child?
Calendar icon October 1, 2024 | Reading Time: 6 min

Dogs can be wonderful companions, bringing joy to families and children alike. However, even the most well-behaved dogs can bite when their instincts take over. If a dog bites your child, it can be a shocking experience, leaving you with concerns about your child’s health, medical bills, and whether legal action is necessary.

Dog bites can cause both physical injuries and emotional trauma, so it is important to know what steps to take to protect your child and understand your legal rights under New York State law.

Why Do Dogs Bite?

Even trained and playful dogs can bite. Dogs, descended from wolves, retain natural instincts that may emerge unexpectedly. Children, especially young ones, often don’t understand how to interact safely with animals and may unintentionally provoke dogs by playing too roughly or crossing boundaries that the dog perceives as threatening. In some situations, dogs may feel territorial or protective, reacting aggressively to protect their food, toys, or owners.

Because children are small, dogs may view them as part of the pack hierarchy and respond according to their instincts. Even friendly dogs can act unpredictably when startled, overstimulated, or frightened. Recognizing these risks is essential for dog owners and parents alike.

How To Prevent Dog Bites

Prevention is the best strategy to avoid dog bites. Teaching your child how to interact with dogs safely can significantly reduce the risk. Here are some preventive measures to follow:

  • Instruct children not to disturb a dog while it is eating, drinking, or resting.
  • Teach children to approach dogs gently and calmly.
  • If a dog begins chasing a child, tell the child to avoid running or screaming, as this can trigger the dog’s prey instincts.
  • Supervise interactions between young children and dogs to ensure play remains safe.
  • Never allow a child to hug or ride a dog, which may make the animal feel threatened.

Dog owners also have a responsibility to ensure their pets are properly trained and socialized. Even friendly dogs should be monitored around children, and owners should take steps to address any signs of aggressive behavior.

Administering First Aid After A Dog Bite

If a dog bites your child, immediate first aid is crucial to prevent infection and manage the injury.

  • Control bleeding by applying gentle pressure with a clean cloth or bandage. If the bleeding is severe, elevate the affected area.
  • Clean the wound with soap and water, keeping the area under running water for several minutes to wash away bacteria.
  • Apply antibiotic ointment to reduce the risk of infection. Cover the wound with a clean bandage.
  • Monitor the wound for signs of infection, such as redness, swelling, or warmth.

For minor bites, home care may be sufficient. However, if the bite is deep, does not stop bleeding after 10 minutes of pressure, or if the child was bitten by an unknown or unvaccinated dog, seek medical attention immediately. Rabies is a serious concern, and prompt medical treatment may be necessary to prevent infection.

Understanding New York’s Dog Bite Laws

In New York, dog bite cases are governed by both state law and local ordinances. New York follows a “mixed” approach, meaning that liability depends on the circumstances and whether the dog is considered dangerous. According to section 123 of the New York Agriculture and Markets Law, a dog is deemed dangerous if it attacks someone without justification and causes serious injury or death.

The law places strict liability on the owner or custodian of a dangerous dog for any medical expenses resulting from the attack. This means that if the dog has previously displayed dangerous behavior or has been officially classified as dangerous, the owner is automatically responsible for the victim’s medical bills. However, if the dog has no prior history of aggression, proving liability may require showing that the owner was negligent in controlling the animal.

What To Do If a Dog Bites Your Child?

If your child is bitten by a dog in New York, there are several important steps to take to ensure their health and protect your legal rights:

  1. Seek medical care immediately, even for minor bites, to prevent infection and ensure your child receives proper treatment.
  2. Exchange contact information with the dog owner, including their name, phone number, and proof of the dog’s rabies vaccination.
  3. Report the incident to local animal control or the police. This helps document the bite and determine whether the dog has a history of aggressive behavior.
  4. Take photos of the injury and keep medical records related to your child’s treatment.
  5. Avoid settling privately with the dog owner without legal advice. While the owner may offer to cover medical expenses, such arrangements could limit your ability to seek additional compensation later if your child experiences emotional trauma or long-term injuries.

 

Filing a Dog Bite Claim

In New York, you have the option to pursue compensation through a personal injury claim against the dog owner. You can seek reimbursement for:

  • Medical bills, including emergency care, follow-up visits, and medications
  • Pain and suffering for both physical and emotional trauma
  • Lost wages if you had to take time off work to care for your child
  • Future medical expenses if additional treatment is required

New York’s statute of limitations for filing a personal injury lawsuit related to a dog bite is three years from the date of the incident. However, it is best to act promptly. Waiting too long may make it harder to gather evidence or prove your case.

When Should You Hire a Lawyer?

If your child was bitten by a dog, it is wise to consult with a personal injury attorney experienced in dog bite cases. A lawyer can help you determine whether the dog owner is liable and assist with filing a claim for compensation.

An attorney will also handle negotiations with the dog owner’s insurance company. Insurance companies often try to minimize payouts, so having legal representation ensures that you receive a fair settlement. If the insurance company refuses to offer reasonable compensation, your lawyer can file a lawsuit to hold the owner accountable.

Contact Cellino Law for a Free Case Review

At Cellino Law, we understand the emotional and financial toll a dog bite can have on your family. Our experienced personal injury attorneys are here to help you navigate the legal process and ensure your child receives the compensation they deserve.

We offer free consultations to review your case and discuss your legal options. Whether you need help negotiating with an insurance company or pursuing a lawsuit, our team will stand by your side every step of the way.

Don’t wait to take action. If your child has been bitten by a dog, contact Cellino Law today at 888-888-8888 to schedule your free case review. Let us help you protect your family’s rights and secure the compensation your child needs to recover fully.

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

Testimonials

  • Joe and I just wanted to send you this note thanking you for the professional way you handled our lawsuit. Your kindness was extremely appreciated in a very difficult time. When we found out the people that caused the accident had no insurance, we thought our chances of receiving any settlement was nonexistent. Once we met with you and released you were able to help us our minds were put at ease. Your aggressive manner of handling the case exceeded our expectations. Please feel free to use us as a reference. Thank you so much and best wishes,

    Danielle and Joe

  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.

    Veola

  • This is to express our gratitude to you and your team in helping us and Stephanie navigate through the legal process following her car accident. We are very satisfied with the outcome and grateful for your hard work and attention to details. We fell confident that with this compensation, Stephanie will be able to move forward with her studies and her life with the ability to care for some of her health needs resulting from the injuries sustained following her car accident. Thank you very much and may God continue to bless your efforts.

    Jose & Rose

  • This letter is to thank Ms. Diane D’Andrea, assistant to Mr. George Gridelli, Attny for all the hard work, dedication, and attentiveness she showed during the representation of my case. She was always cheerful and ready to help in whatever way she could. All messages left for Mr. Gridelli were always relayed and Mr. Gridelli always promptly returned our calls. She was a very competent assistant. Cellino Law has proven to be a model of what legal representation should be. Throughout the 6 ½ years of this case, I have heard many horror stories from people with “bad lawyer stories.” We consider ourselves to be very lucky to have chosen Cellino Law and will always recommend you to those looking for good, honest representation with a personal touch.

    Joseph

  • Cellino Law was a great company to work with. From the beginning they came out and met with my uncle and myself and assured us that everything would be taken care of from beginning to end our lawyer state and constant contact with us to make sure that everything would go smoothly and it did. I would definitely recommend anybody to go to Cellino Law for whatever help they need. And specifically please ask for the lawyer that we had Mr. Alan Silverstein. He was amazing and his staff was always attentive. Please go with them for your next law needs.

    Eshaunda

  • My wife and I would like to take this opportunity to thank you for a fantastic job as our attorney. We could not have been more pleased with the work you and your team has done on this case. This past four years or so has been such a roller coaster for our family. We are very pleased and grateful with the result. We have made a good choice by choosing you. Thank you.

    Dave