Dog bites are traumatic events under any circumstances, but when the victim is a child, the consequences can be especially severe. Children are more vulnerable to attacks, often suffering more serious injuries to the face, neck, and hands. In New Jersey, the law provides strong protections for dog bite victims, including children, and allows families to pursue compensation for medical expenses, emotional trauma, and long-term care needs. Understanding how these claims work is crucial for parents seeking justice for their injured child.
Why Children Are at Higher Risk
Children are disproportionately affected by dog bites for several reasons:
- They are smaller in size, making them more physically vulnerable.
- They may not recognize warning signs of aggression.
- Their natural curiosity often leads them to approach dogs without caution.
- Injuries are more likely to occur on the face and head because children are closer in height to dogs.
As a result, injuries can be catastrophic, requiring extensive medical treatment and leaving permanent physical and emotional scars.
New Jersey’s Strict Liability Dog Bite Law
New Jersey follows a strict liability rule under N.J.S.A. 4:19-16. This means that a dog owner is responsible if their dog bites someone, regardless of whether the dog had shown aggression in the past. Unlike other states, there is no one free bite rule.
For children, this legal standard is particularly important because it removes the need to prove negligence. If a dog bites a child who was lawfully on public or private property, the owner is automatically liable for the harm caused.
Compensation Available for Child Victims
When a child is injured in a dog attack, families may pursue compensation for:
- Medical expenses: emergency treatment, surgeries, stitches, medications, and reconstructive procedures.
- Future medical care: long-term rehabilitation, scar revision, or therapy.
- Pain and suffering: physical pain from the injuries and the trauma of the attack.
- Emotional distress: many children develop anxiety, PTSD, or phobias after a dog bite.
- Loss of quality of life: permanent scarring or disfigurement may affect a child’s self-esteem and social development.
In tragic cases where a child dies from a dog attack, parents may file a wrongful death claim to recover funeral expenses, loss of companionship, and other damages.
Special Legal Considerations for Children
Dog bite claims involving children in New Jersey include unique legal issues:
- Comparative negligence: Adults may have claims reduced if they provoke a dog, but children, especially very young ones, are rarely found at fault. Courts recognize that children cannot fully understand the risks of interacting with animals.
- Statute of limitations: In New Jersey, personal injury claims generally must be filed within two years. However, for minors, the clock does not start running until the child turns 18, giving families additional time to bring a lawsuit. Despite this, filing sooner is often beneficial to preserve evidence and secure timely compensation.
- Structured settlements: Because victims are minors, settlements often must be approved by the court to ensure the funds are managed properly for the child’s future needs.
Why Legal Help Matters
Dog bite claims can be emotionally charged, particularly when a child is involved. Insurance companies may attempt to minimize payouts or argue that the injuries are not as serious as claimed. An experienced New Jersey dog bite attorney can gather medical evidence, work with experts, and negotiate aggressively on behalf of the child and family.
Conclusion
Dog bite claims involving children in New Jersey require careful legal handling due to the severity of injuries and the unique protections afforded to minors. With strict liability laws in place, families have a strong foundation to pursue compensation for medical bills, long-term care, and the emotional toll of the attack.
If your child has been injured in a dog attack, consulting with a skilled New Jersey dog bite attorney is essential. Legal guidance ensures that your child’s rights are protected and that your family receives the full compensation needed to move forward.