Special Consideration Given to Dog Bite Cases Involving Children

 Posted on January 03, 2017 in Dog Bites

Dog bites have the potential to cause a significant amount of damage. Even in with small dogs, a well-placed attack can cause life-long injury, disfigurement, or even death. In incidents where the victim is a child, especially those under the age of five years, the effects are often especially heinous. The laws surrounding these vicious canine attacks are unique to this age group.

Higher Risk Factor in Children

Children are more likely to sustain a bite from an animal than an adult. Dog owners should be aware of their dog’s behavior, from their body language to history. Additionally, with strangers, these owners should always use extra caution upon the first few introductions.

When a child is in the area, regardless of familiarity, dog owners should have the dog under control, with the use of a leash and a watchful eye. Children often behave unexpectedly, with wild movements and loud noises, which can frighten a dog. The proximity of the canine’s face and a child's often leads to neck and face attacks. Statistics show:

• 42 percent of attacks are to children under the age of 14;
• Highest incidents occur in boys between five and nine years of age; and
• Injuries to the head or neck made up almost two-thirds of victims under the age of four.

The Child Cannot be Negligent

Even in cases where the parent of the victim is potentially negligent, the minor-aged victim under the age of five is incapable of being found guilty of misbehavior. A child has limited experience and judgment and is unable to use proper discretion in these situations, and therefore is unfit to exercise the reasonable care necessary in a negligence claim. Regardless of what a parent may or not be saying or warning, a small child is incapable of understanding that what he or she is doing may result in immediate danger.

Your Child Deserves Justice

If your child was bitten or attacked by a canine, you might be eligible to receive damages. Regardless of how your small child behaved or how acquainted the victim and the canine were, speaking to an experienced lawyer can help you discover your options. If the owners of the canine are negligent, they should be paying for the medical costs rather than your family, when you could put that money away in a college fund instead.

If you do not already have an attorney and are interested in discussing your case with a San Jose, CA dog bite attorney, contact the Law Office of John J. Garvey, III. Call 408-293-7777 to schedule your initial consultation today. 

Source:

https://www.cdph.ca.gov/HealthInfo/discond/Documents/InvestigationManagementandPreventionofAnimalBitesinCA2014.pdf