What Happens When a Dog Bites a Child

Protecting Your Child After a Traumatic Dog Attack

Dog bites involving a child can be terrifying for the parents of the victim. These small, vulnerable kids can be seriously injured by dog bites, even if the breed is relatively small. The aftermath of the attack may be overwhelming, but it is important to know how to respond immediately after the incident.

In Illinois, dog bite victims can sue negligent owners for legal damages. However, if your child is the one who was bitten by a dog, the concept of working through a legal process may be overwhelming.

Our personal injury law firm can guide you through the claims process to protect your child’s rights and fight for full compensation.

Immediate Steps to Take if a Dog Bites Your Child

When dog bites happen, the victims must take swift action to protect their health and financial futures. If a dog bites your child, here is what you should do as soon as possible:

1. Seek immediate medical care – Even if the wound seems like a minor injury, focus on finding medical care quickly
2. Identify the dog and their owner – Obtain the dog owner’s contact information and take a picture of the dog if possible
3. Confirm vaccination status – Ask the dog owner for proof that the dog has received the Rabies vaccination
4. Report the incident – File a report with the local police department and the Illinois Animal Control agency
5. Document the attack – Take photos of your child’s face or other injured areas, record the location and time of the attack, and collect statements from witnesses
6. Consult an experienced dog bite lawyer – Contact our law firm to discuss your legal options for dog bite injuries

Understanding Why a Dog Bites a Child

Children are especially vulnerable to dog bites for various reasons. First, children are small enough for an aggressive dog to easily bite their face or neck area, which is far more dangerous. Children also have unpredictable movements, which can exasperate a dog and make them anxious.

In most cases, children are unable to recognize the warning signs of a nervous or potentially aggressive dog, such as growling or baring their teeth. All these factors make children more likely to be severely injured in dog attacks.

The Legal Process: What Happens to the Dog and Owner?

Under Illinois dog bite laws, a specific process follows a reported dog attack that is reported to the police or a local animal control agency. Let’s discuss some of the legal and administrative consequences for the offending animal and their owner.

Will the Dangerous Dog Be Euthanized?

When someone’s dog bites a child, the parents often want justice for the animal and their owner. However, dogs are not automatically euthanized, or “put down,” after every serious injury.

Instead, an investigation into the dog’s circumstances will be conducted. Does the animal have a history of aggressive behavior? Has it inflicted injuries on other victims in the past in unprovoked attacks? In these situations, the dog may be euthanized by local agencies to prevent further harm to the community.

Investigation and Quarantine

When a bite report is filed with local animal authorities, they will typically place the dog under a 10-day quarantine. During this time, the animal is observed for signs of Rabies and further aggression.

The agency will also investigate the dog’s past to determine if there are other similar incidents.

The Owner’s Responsibility Under Illinois Dog Bite Laws

The primary law governing owner liability is the Illinois Animal Control Act (510 ILCS 5/). This law applies a “strict liability” statute for injuries caused by dog attacks. Even if the dog never physically made contact with the victim, an intent to attack that causes injuries can still fall under this law.

A dog owner is strictly liable for injuries caused by their dog, which means you will not have to prove that they were negligent, as this is automatically assumed. Instead, you must prove that the child did not provoke the dog bite or trespass on the owner’s private property at the time of the incident.

Some states have a “one-bite rule,” which exempts dog owners from liability for a first offense if the dog has no history of aggressive behavior. However, Illinois does not follow this standard.

Pursuing a Dog Bite Case for Your Child

Since a dog owner can be held strictly liable for injuries caused by their pet, you can pursue compensation for legal damages via a civil claim. If successful, you and your child may receive a settlement that addresses compensatory damages, including both economic and non-economic losses.

As the parent, you have the right to file this claim on your child’s behalf. You must understand the statute of limitations for personal injuries in Illinois, which is established by state law 735 ILCS 5/13-202. According to this rule, victims of personal injury cases have two years from the date of the incident or discovery of their injuries to pursue legal action.

However, since the victim was a child, this timeline does not begin until their 18th birthday if they want to pursue a claim themselves.

Compensation for Your Child’s Dog Bite Injuries

Dog bite injuries can have a major impact on a child’s life. The consequences of an attack by a dangerous dog could be physical, emotional, and financial. Here are some legal damages you could seek compensation for in a dog bite claim:

Economic Damages

• Lost wages – Though this rarely applies to child victims, an inability to work can lead to compensation for lost income
• Past medical expenses – The costs of medical attention can be covered by the settlement, including reconstructive surgery, emergency room care, medication, pain management, rehabilitation, and therapy
• Future medical bills – Expected treatment in the future can also be included in the dog bite case settlement

Non-Economic Damages

• Emotional trauma – The psychological harm suffered by your child may lead to depression, anxiety, Post-Traumatic Stress Disorder, or other emotional wounds
• Pain and suffering – An animal attack can cause painful injuries that lead to ongoing suffering for the victim
• Loss of enjoyment of life – The trauma or physical consequences from the injuries caused by the dog may make it hard for the injured person to enjoy normal aspects of life
• Permanent scarring and disfigurement – Dog bite victims can seek compensation for permanent alterations to their body and appearance due to the dog bite

Punitive Damages

In cases involving gross negligence or intentional misconduct, a judge may award punitive damages to the victim to further punish the defendant and prevent future attacks.

How a Structured Settlement Protects Your Child’s Financial Future

Settlements in personal injury cases involving children are often structured differently. Usually, if the payout is large enough, it will be placed in a protected account or annuity to be accessed by the child when they turn 18. This ensures the funds are set aside to secure their future.

Our firm has years of experience leveraging strict liability in Illinois to help child victims receive fair compensation. Here are some of our past settlements:

$1,200,000

Two-year-old Sophie was viciously mauled by her relative’s Doberman Pinscher during a family visit. The dog left her with deep facial lacerations that required reconstructive surgery and resulted in permanent scarring. The very young age of the victim, combined with the lifelong impact of visible disfigurement, played a major role in settling.

$885,000

At a backyard cookout, 15-year-old Dylan was attacked by a large dog that lunged at him and knocked him backward into a bonfire. He suffered severe burns along with bite wounds, creating a painful and complicated recovery. The unusual combination of injuries and the psychological trauma he endured were key factors in the settlement amount.

$375,000

Three-year-old Ethan was mauled by a pit bull while playing outside near his home. The attack caused deep cuts to his face that required surgery and left him with permanent scarring. His young age and the highly visible injuries greatly influenced the settlement value.

$170,000

Six-year-old Lily was bitten by a dog while attending a family gathering. The attack caused wounds to her arm that required medical treatment and resulted in scarring. The pain of the incident, paired with the emotional trauma and long-term visibility of the injuries, was an important factor in the settlement.

Contact Our Illinois Child Injury Lawyers Today For a Free Consultation

Recovering compensation for your child can feel like a monumental task after a traumatic dog attack. Our personal injury attorneys understand the challenges your family is facing, and we will provide a compassionate approach to the claims process. Whether your child was attacked by an unfamiliar dog or a relative’s pet, we can hold the responsible dog owner accountable for their negligence.

Our Chicago dog bite lawyers work on a contingency fee basis, meaning you owe nothing unless we secure a favorable settlement. We specialize in navigating dog bite laws, assessing damages from dog bite injuries, establishing fault, gathering evidence, protecting the child’s legal rights, and negotiating with insurance companies.

If your child has suffered from dog bite injuries due to an irresponsible dog owner, contact us today to schedule a free consultation with our expert lawyers.