What happens if a dog bites a child? When someone steps onto another person’s property, whether a home, business, or yard, the property owner is legally responsible for keeping that guest reasonably safe.
However, many people don’t realize that when a child enters the property, property owners take on an even greater duty of care because children don’t always recognize danger as well as adults do.
Read on to learn more about your rights as a parent of a dog bite child victim and what to do to protect them.
Who Is Responsible for a Dog Bite?
California law holds dog owners strictly responsible for keeping their pets under control at all times. Whether it is obeying leash laws or taking precautions on private property, it is their duty to protect others from harm.
Under California Civil Code 3342, if a dog bites you or your child, the owner is liable, even if the dog has never acted aggressively before. You have every right to seek compensation for medical bills, emotional trauma, and other damages.
To pursue a claim, you will need to show:
- The dog had an identifiable owner
- That dog bit you or your child
- The owner failed to prevent the attack
- The bite led to physical injuries and financial losses
In some cases, landlords or property managers who knew about a dangerous dog on the premises and failed to act may also share legal responsibility.
When Is a Dog Owner Not Liable for a Bite?
In most cases, dog owners in California are responsible when their dog bites someone, but not always. If the person bitten was trespassing, entering private property without permission, the law usually won’t hold the dog owner liable for the attack.
But there are important exceptions, especially when it comes to children or repeated, predictable behavior.
A dog owner could still be held responsible if:
- The trespasser was a minor under the age of 16.
- The trespassing was habitual or predictable. For example, if people frequently cut through a yard as a shortcut to work or school, and the owner knew but took no steps to warn them or prevent access.
If you or your child were bitten in a situation like this, don’t assume you have no case. The details matter, and a qualified dog bite attorney can dig into the facts to determine whether you have a legal right to compensation. Your recovery, physically, emotionally, and financially, may depend on it.
What Happens When a Dog Bites a Child?
In California, property owners have much higher standards of care and responsibility when a dog bites a child, whether invited guests or not.
Children are naturally curious. They do not always understand risk the way adults do. That is why courts recognize what is known as the “attractive nuisance doctrine,” which says that if a property has something dangerous that could lure a child in (like a dog, swimming pool, or even certain equipment), the owner has a special duty to secure it or warn others.
So if a dog was left unsupervised, was not properly restrained, or the owner failed to warn you about the dog’s aggressive behavior, and your child was bitten as a result, you may have a strong case for compensation.
What If the Child Was Trespassing?
Even if your child was not invited onto the property, California law may still hold the property owner responsible. Unlike the rules for adult trespassers, children are treated differently because they may not fully understand boundaries or dangers. In many cases, the question becomes: Was the danger foreseeable, and did the property owner do enough to prevent harm?
If the answer is no, the law may be on your side.
Can I Sue as a Parent?
Yes, you have every right to take legal action on behalf of your child if they have been bitten by a dog in California. In fact, the law recognizes that children are especially vulnerable, and it holds dog owners to a high standard of responsibility.
As a parent or legal guardian, you can file a personal injury claim on your child’s behalf to seek compensation for the damages your child suffers from the incident, such as medical bills.
What Damages Can I Include in the Dog Attack Settlement?
If you or a loved one has been hurt, you shouldn’t have to carry the financial and emotional weight alone. California law gives you the right to pursue compensation for the losses you incur from the accident, including:
- Medical Bills – From the ER to surgeries, follow-up care, physical therapy, and even mental health support—every medical cost tied to the attack can be included.
- Lost Wages – Time away from work to recover means lost income. That shouldn’t come out of your pocket.
- Future Earnings – If the injuries affect your ability to return to work or advance in your career, you can fight for compensation to cover long-term losses.
- Damaged Belongings – Whether it’s ripped clothing, broken glasses, or a ruined phone, any personal property damaged during the attack can be part of your claim.
- Wrongful Death Costs – If the unthinkable happens and you lose a loved one to a dog attack, funeral and burial expenses, along with the profound emotional toll, can be included in a wrongful death claim.
What Happens If My Child Develops Trauma After a Dog Attack?
Did you know that in a study, more than 54% of children who were bitten by a dog showed signs of post-traumatic stress disorder (PTSD) within 2 to 9 months after the attack? The risk was especially high among those who suffered violent attacks involving multiple or deep wounds.
Unfortunately, children are more prone to developing trauma and deep fear from a dog attack. This is because the younger the child, the more formative the experience. Trauma at a young age can impact brain development, emotional regulation, and social skills. In some cases, it may even affect how a child forms relationships or handles stress later in life.
So, if your child is bitten by a dog and develops trauma, you can include this in the settlement, known as non-economic damages.
Non-economic damages are the intangible losses the victim suffers as a result of the accident. They may include:
- Pain and suffering – for the physical pain and emotional anguish your child endures.
- Mental health treatment costs – including therapy, counseling, and medications.
- Loss of enjoyment of life – if the trauma affects your child’s ability to play, socialize, or participate in normal activities.
- Emotional distress for the family – Parents may also be able to recover damages for the emotional toll of watching their child suffer.
The law recognizes that a child’s trauma matters, and the impact it has on your family is real. A skilled child dog bite lawyer can help ensure that these emotional injuries are fully accounted for when negotiating your settlement.
What You Can Do Next: Contact the Best Dog Bite Lawyer California Offers
Dog bite injuries in children often require more than just physical healing. They may involve long-term trauma, medical treatment, and emotional distress. Holding a negligent dog owner or property owner accountable can provide the resources your child needs to recover fully.
At The Law Offices of Larry H. Parker, we understand the fear, anger, and helplessness parents feel after an incident like this. That is why we fight hard to protect your child’s rights and ensure negligent parties are held responsible.
Call us today at 800-333-0000 for a free consultation, or fill out our contact form. You don’t have to go through this alone. Let the best dog bite lawyer California offers help you pursue the justice and support your child deserves.
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What Our Clients Say About Us
While many personal injury lawyers may accept your case and build a legal defense, none will champion your cause as fiercely as we do. Our California accident attorneys are exceptionally well-equipped to create a flawless claim, as affirmed by our previous clients:
“Very great service. I had no complaints at all. Thank you for your service and security, knowing things are being handled.” – Van Roberts.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation.
If you have further questions, we have answered some of the most frequently asked questions about personal injury.
- Can I Switch California Personal Injury Lawyers?
- How to Protect Your Legal Interests if You Are Bitten by an Emotional Support Dog
- A California Dog Owner is Responsible if Their Dog Bites Someone – Except in These Specific Situations
- California Personal Injury Settlements: Taxable or Not?
References
attractive nuisance doctrine | Wex | US Law | LII / Legal Information Institute. (n.d.). Law.Cornell.Edu. Retrieved May 23, 2025, from https://www.law.cornell.edu/wex/attractive_nuisance_doctrine
California Civil Code 3342. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=3342.&lawCode=CIV
