FAQ: My Child Was Bitten by a Dog During Quarantine. What Can I Do?
During the COVID-19 pandemic, many families adopted pets. Dogs, in particular, became very popular companions during long periods of isolation. For many people, a pet offered comfort and emotional support during a stressful time.
However, this increase in dog ownership also created new risks. Many first-time owners had little experience handling animals. Some dogs were adopted from shelters and came from difficult backgrounds. Because of shutdowns, many dogs also missed out on proper training.
All of this created a perfect storm. As a result, serious bitten by a dog became more common than many people expected.
So what happens if a dog seriously injures a child or adult? Do victims have any legal options?
The short answer is: maybe. It depends on the facts of the case.
What Does New York Law Say About Dog Bites?
Under New York law, a dog owner is usually not responsible for a bite unless they knew the dog had “vicious propensities.” In simple terms, this means the owner must have known the dog had a history of aggression.
If the owner did know, then they can be held strictly liable. This means they are legally responsible for the injuries, even if they did not intend for the attack to happen.
To be clear, we are not talking about minor nips that cause little or no harm. We are talking about serious attacks. These attacks can lead to permanent scarring, disfigurement, or injuries to the eyes, ears, or face. Some victims even need surgery or long-term treatment.
A Common Scenario
Let’s look at an example.
John adopts a dog from a local shelter during the stay-at-home period. The shelter paperwork mentions that the dog showed aggression toward children in its previous home.
John is not too worried because he does not have kids. He tells himself he will just be careful around children.
One day, John is walking the dog in his neighborhood. They pass a family on the sidewalk. Suddenly, the dog lunges and bites one of the children in the face.
In this situation, John may be legally responsible. Why? Because he was already aware that the dog had shown aggressive behavior in the past.
What Can I Do If My Child Was Bitten?
If your child was attacked, you may be able to make a claim against the dog owner.
Most homeowners and renters have insurance. These policies often cover bitten by a dog injuries. You can file a claim with the insurance company for your child’s injuries.
You may be able to seek compensation for:
- Medical bills
- Future treatment or surgery
- Scarring or disfigurement
- Emotional trauma
In many cases, the insurance company tries to settle the claim without going to court. This can save time and stress for everyone involved.
If the insurance company refuses to make a fair offer, the next step may be filing a lawsuit. If the owner has insurance, the insurance company will usually handle the defense and pay any settlement or judgment within policy limits.
“I Don’t Want to Ruin Someone’s Life”
Many parents hesitate to take action. They worry about hurting the dog owner financially or personally.
In reality, most claims are paid by insurance, not out of the owner’s pocket. Insurance exists for this exact reason. At the very least, it is worth finding out whether coverage is available.
Your child’s health and future should always come first.
Need Help After a Dog Bite?
If you or your child were injured in a dog attack, you do not have to handle this alone. If you have questions about your legal options, contact us today. We are here to help you understand your rights and next steps.