Children and Dog Bites: California Legal Options

Children are among the most common victims of serious dog bites, and their smaller size and limited ability to recognize risky situations make them particularly vulnerable. California law recognizes that children cannot be held to the same standard of judgment and self-protection as adults, which affects how fault is evaluated, how damages are calculated, and how long families may have to bring a claim.

Why Children Are Treated Differently in Dog-Bite Cases

When a child is bitten, there are usually two categories of potential claims:

• The child’s own injury claim for physical and emotional harm.
• Parents’ or guardians’ related claims, such as reimbursement for medical bills they have paid or will pay.

Because these claims can involve long-term medical needs and emotional trauma, it is important to consider not just immediate expenses, but also the child’s future care and well-being.

California’s Dog-Bite Law: Strict Liability Basics

California has a specific statute that addresses injuries caused by dog bites. Under this law, a dog’s owner is generally strictly liable when their dog bites a person in a public place or when the person is lawfully on private property, including the dog owner’s property. Strict liability means the injured person usually does not have to prove the owner was careless or knew the dog was dangerous.

This rule is set out in California Civil Code section 3342.

Key points about strict liability in California dog-bite cases include:

• It applies to bites that cause injury, as opposed to non-bite injuries such as a dog knocking someone down.
• It applies when the child was in a public place or lawfully on private property.
• It applies even if the dog never showed aggression before or had never bitten anyone previously.

The statute contains specific exceptions, including for dogs working in certain law enforcement or military roles under defined conditions. Courts may also consider defenses such as trespassing or certain forms of assumption of risk, depending on the facts. Whether any exception or defense applies is highly fact-specific, especially when a child is involved.

How the Law Treats Children’s Conduct and Fault

In most California injury cases, the defense will look for ways to argue that the injured person was at least partly at fault, such as by teasing the dog or ignoring warnings. This concept is called comparative fault.

When the injured person is a child, fault is evaluated differently:

• Young children are generally not expected to appreciate danger the way adults do.
• The younger the child, the harder it is for a dog owner to successfully argue that the child’s conduct should significantly reduce compensation.
• For older children and teenagers, a court may consider their age, maturity, experience with animals, and what a reasonably careful child of that age would understand about the risk.

In practice, this often means that defenses focused on a younger child’s behavior, such as mild teasing or approaching a familiar dog, may carry less weight than they would in an adult case. However, every case is fact-specific, and how a judge, jury, insurer, or arbitrator views a child’s actions can vary.

Common Legal Theories in Child Dog-Bite Cases

1. Statutory Dog-Bite Claim (Strict Liability)

• Brought against the dog’s owner.
• Focuses on whether there was a bite, whether the child was lawfully present, and whether any statutory defenses or exceptions apply.

2. Negligence Claims

• May apply to the dog’s owner, a person caring for the dog at the time, such as a dog sitter or relative, or, in some situations, a landlord or property owner.
• Focus on whether the person failed to use reasonable care to prevent the dog from injuring others, for example by ignoring prior incidents, failing to use a leash, or failing to supervise around children.

3. Premises Liability

• Applies when the injury is connected to unsafe property conditions, such as inadequate fencing, broken gates, or lack of reasonable warnings in circumstances where they may be required.

4. Negligent Supervision

• May involve claims that the adults responsible for supervising the child or the dog failed to act reasonably, such as leaving a young child alone with a dog known to be easily startled or reactive.

A careful review of the facts is often needed to identify all potentially responsible parties and legal theories, especially where a serious child injury is involved.

Special Considerations When the Dog Owner Is Family, a Friend, or a Neighbor

Many child dog-bite cases involve dogs owned by relatives, friends, or neighbors. Families can feel torn between wanting to protect their child and not wanting to damage important relationships.

Some points to keep in mind:

• Insurance is often the real source of payment. Where coverage exists, many claims are pursued against a homeowner’s or renter’s insurance policy, rather than the dog owner’s personal savings.
• A claim does not automatically require filing a lawsuit in court; many cases are resolved through insurance negotiations.
• Liability insurance carriers will usually provide a lawyer to the insured dog owner, and that lawyer represents the dog owner’s interests, not the injured child’s.

Because of these dynamics, it is common for families to seek legal advice quietly at first, to better understand their options before speaking to friends or relatives about insurance or fault.

Medical, Emotional, and Long-Term Impacts on Children

Dog bites to children can cause far more than short-term pain. Common consequences include:

• Physical injuries: puncture wounds, lacerations, facial injuries, nerve damage, infection, and scarring.
• Psychological trauma: fear of dogs, nightmares, separation anxiety, regression in behavior, or symptoms consistent with post-traumatic stress.
• Social or developmental effects: bullying or self-consciousness related to visible scars, loss of participation in activities, or school performance impacts.

California law allows injured children to seek compensation for both economic and non-economic harm, which may include:

• Past and reasonably anticipated future medical and psychological treatment.
• Scarring and disfigurement.
• Pain, suffering, and emotional distress.
• Interference with normal activities, hobbies, or school life.

Because children are still growing, medical professionals often need time to evaluate how scars will mature and whether corrective procedures, such as revision surgeries or laser treatments, may be appropriate in the future.

Time Limits for Bringing a Child Dog-Bite Claim in California

California has time limits, called statutes of limitation, that restrict how long a person has to file a lawsuit. The rules for children can differ from those for adults, and the deadlines can be affected by several factors, including:

• The child’s age at the time of the attack.
• Whether the potential defendant is a private individual, a business, or a public entity.
• Whether medical treatment was provided through certain public programs.

In some circumstances, the time to bring a claim is extended because the injured person is a minor; in other situations, especially if a government agency is involved, families may have much shorter deadlines and special notice requirements.

Because these timelines can vary and missing a deadline can permanently bar recovery, families should speak with a qualified California attorney as soon as practical after a child is bitten. An attorney can analyze which deadlines likely apply based on the specific facts and parties involved.

How Children’s Settlements Are Approved and Protected

California courts play a special protective role when a minor’s injury claim is settled. Even when everyone agrees on a settlement amount, courts generally must review and approve the settlement to ensure it is in the child’s best interest.

Common features of court involvement include:

• A parent or other responsible adult is appointed as the child’s guardian ad litem for purposes of the case.
• The court reviews the settlement, attorney’s fees, and costs to determine whether they are fair for the child.
• Funds may be placed in a blocked account, structured settlement, or similar arrangement that preserves the money for the child until adulthood, while sometimes allowing limited withdrawals for specific needs.

The Judicial Council of California provides official forms and guidance for petitions to approve compromises of minors’ claims, including Form MC-350 and related materials. These procedures are designed to help protect children’s funds from misuse and to ensure transparency about how the settlement will be handled.

What To Do After a Child Is Bitten by a Dog

Families often feel overwhelmed immediately after a dog bite. The following practical steps can help protect both your child’s health and potential legal rights.

1. Get Emergency and Follow-Up Medical Care

• Seek prompt medical attention, even if the bite looks minor; infection and underlying damage can develop quickly.
• Follow all medical instructions, including vaccinations, antibiotics, and recommended follow-up visits.

2. Report the Incident to Animal Control or Local Authorities

• Local animal control or health departments may need to document the bite, check vaccination status, and assess the dog’s risk to the community.
• In California, animal bites are a public health issue, and state and local agencies provide guidance and, in some areas, reporting requirements. See, for example, the California Department of Public Health’s animal bite resources.
• Reporting can also create an official record that may be important later.

3. Gather Information and Evidence

• Obtain the dog owner’s name, address, and contact information.
• Ask for homeowner’s or renter’s insurance details, if available.
• Take photographs of the injuries at multiple stages, the location of the incident, any visible defects in fencing or gates, and the dog if it is safe to do so.
• Save clothing or items damaged in the attack.

4. Be Cautious in Discussions With Insurers

• Insurance adjusters may call quickly and request recorded statements or ask you to sign forms.
• Consider speaking with a lawyer first, especially before giving detailed statements about your child’s behavior or accepting any early settlement offer.

5. Maintain a Record of the Child’s Recovery

• Keep a journal of medical visits, pain levels, emotional changes, and any difficulties your child experiences at school, at home, or around animals.
• Retain copies of bills, medical reports, and communications with insurers or animal control.

When to Contact a California Dog-Bite Attorney

Not every dog bite requires legal action. However, it is wise to consult with a California attorney experienced in dog-bite and child injury cases when:

• The bite involves significant wounds, scarring, or surgery.
• There are behavioral or emotional changes after the incident.
• The dog’s owner is a friend, family member, or neighbor, making communication sensitive.
• Multiple people or entities may share responsibility, for example tenants, landlords, property managers, or businesses.
• You receive pressure from an insurance company to settle quickly or provide statements.

An attorney can investigate the facts, identify potentially responsible parties, evaluate insurance coverage, and help guide your family through the claims or litigation process. An attorney can also help you weigh the impact on personal relationships, confidentiality, and the pros and cons of settlement versus litigation.

To discuss your child’s situation with a California attorney, you can contact our firm for a confidential consultation.

Frequently Asked Questions About California Child Dog-Bite Cases

Does it matter if my child was playing with or teasing the dog?

It can matter, but California evaluates a child’s conduct differently from an adult’s. Young children are generally not expected to fully understand the risk of provoking a dog. A court or insurer will consider your child’s age, maturity, and the specific facts, but in many cases a young child’s behavior will not prevent recovery and may only reduce it, if at all.

What if the dog has never bitten anyone before?

Under California’s strict liability dog-bite statute, the owner can often be held liable even if the dog has never previously bitten anyone or shown aggression. The key questions are whether there was a bite, whether your child was lawfully present, and whether any limited statutory exceptions apply.

Will my friend or family member have to pay out of pocket?

In many cases, compensation is paid by a homeowner’s or renter’s insurance policy, if coverage exists. The claim is typically handled through the insurer, and many cases are resolved without your child ever going to court. A lawyer can review available coverage and help you understand how a claim may affect the relationship.

How long do we have to bring a claim for a child’s dog-bite injuries?

Time limits depend on several factors, including your child’s age and whether a government entity is involved. Some deadlines can be relatively short, especially for claims involving public entities, while other claims may be extended because the injured person is a minor. Because missing a deadline can permanently bar the claim, you should speak with a California injury attorney as soon as you can.

Do we need court approval if we settle the case?

For most settlements involving injured minors in California, the court must review and approve the settlement to ensure it is in the child’s best interest. The court will look at the settlement amount, attorney’s fees, costs, and how the funds will be held or invested for the child.

Protecting Your Child’s Future After a Dog Bite

A dog bite can change the course of a child’s life, particularly when it results in visible scars or long-lasting fear. California law provides tools to help families seek accountability and financial support for medical, emotional, and practical needs.

If your child has been bitten by a dog in California, consider speaking with a lawyer who can:

• Clarify which laws apply to your situation.
• Help preserve evidence and comply with notice or filing requirements.
• Work with medical and psychological professionals to understand your child’s future needs.
• Negotiate with insurers or, if necessary, pursue litigation.

Early legal guidance can make a meaningful difference in both the outcome of the case and the long-term well-being of your child.

Disclaimer: This blog post is for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Laws and legal procedures change frequently and can vary based on specific facts. You should consult a qualified California attorney about your particular situation before making any legal decisions.