Children account for about half of all dog bite victims in the United States. Based on New York City dog bite statistics, that means roughly 3,000 children are bitten by dogs every year. Eighty percent of child dog bite victims suffer severe wounds to the neck and/or head. Kids between the ages of 5 and 12 are most likely to be bitten by a dog. If your child has been bitten by a dog in New York City, it’s important to:
- Seek immediate medical attention at the closest emergency room to ensure that your child’s injuries are diagnosed and treated without delay.
- Report the dog bite to the local police precinct and, if the bite happened at a business or on public property, notify the owner of the premises.
- Document identifying information about the canine – including breed, color, and whether or not it was wearing a collar.
- Take pictures of your child’s injuries – including lacerations, puncture wounds, soft tissue trauma, bleeding and other visible wounds – and preserve any torn or ripped clothing that could help paint a picture of what happened.
- Contact an experienced New York dog bite attorney to discuss your situation and learn about your family’s legal rights.
New York dog bite law is evolving, which has made it easier for victims of dog bites – including children – to recover compensation. Since the laws are changing, it’s important to make sure you work with a personal injury law firm that’s anticipated and prepared for recent changes in the law. Here, The Platta Law Firm’s dog bite litigators break down what you, as a parent, need to know about your legal rights if your child has been bitten by a dog in NYC.
Parents Can File Claims on Behalf of Their Injured Minor Children
Children don’t have the capacity to file lawsuits or submit claims to homeowner insurance companies in New York State. However, that doesn’t mean a dog owner, property owner, or another responsible party isn’t accountable when a child is the victim of a dog attack. New York law permits the injured child’s parent or guardian to file a claim on the child’s behalf. In New York, dog bite lawsuits can be based on the torts of strict liability and/or negligence.
Strict Liability
Dog owners in New York are always strictly liable for medical bills resulting from a dog bite, even if the dog hasn’t displayed any vicious propensities in the past. However, owners are only strictly liable for additional damages when their animal is recognized as a “dangerous dog.” A dangerous dog is one that “attacked a person causing serious physical injury or death” or “has a known vicious propensity as evidenced by a previous unjustified attack on a person.”
Negligence
Before 2025, New York didn’t recognize a victim’s right to pursue damages for dog bite injuries on the grounds of negligence. However, a recent decision by the New York State Court of Appeals changed that. Dog owners can be liable for all of a victim’s damages if their negligence contributes to an attack, even if the dog isn’t classified as “dangerous.”
If your child was bitten by an unleashed dog, a dog that was allowed to roam free, a dog that was mistreated or abused, or a dog that escaped the confines of its home, you might have a legitimate negligence claim against the animal’s owner.
You may also have the right to bring a negligence-based dog bite claim against a property owner if your child was injured on someone else’s private property, at a New York business, or while on public property. Owners have a duty to protect children from foreseeable threats of harm. If an owner knows that a dangerous dog is on the premises or is likely to be on the premises but fails to take steps to protect a visiting child, they can be liable for negligence.
Kids May Not Have the Ability to Understand the Potential Consequences of Their Actions
If a child sees a dog, there’s a good chance that they’ll run up to it excitedly. Even when a dog is familiar with a child, it might get spooked and lash out reflexively to protect itself. Not surprisingly, many dog bites involve familiar dogs.
If an adult approached a dog excitedly and without slowing down, the dog’s owner might have a legitimate shot at getting a dog bite case dismissed. In New York, dog owners can argue that their dog was provoked and/or that a plaintiff is responsible for their dog bite injuries. Shared fault reduces a plaintiff’s ability to recover compensation. Damages are reduced proportionately to fault. If a dog bite victim is believed to have provoked the animal or caused the animal to attack, they’ll likely be barred from recovering compensation or awarded a substantially reduced settlement.
However, things get tricky when kids are involved. Kids – especially young children – don’t understand the potential consequences of a lot of their actions. This can impact dog bite litigation. In New York, the state’s comparative fault rule doesn’t necessarily apply in all situations if a minor is involved.
Comparative fault is considered on a case-by-case basis, taking the child’s age, level of maturity, mental state, and life experiences into account. So, even if a child unintentionally provokes a dog or contributes to their dog bite injuries, it might not affect their ability to recover compensation in a personal injury lawsuit.
The Platta Law Firm Can Help You Seek Compensation for Your Child’s Dog Bite Injuries
Don’t stress about your legal rights after your child has been bitten by a dog in New York City. Instead, focus on their health, emotional well-being, and road to recovery. Call The Platta Law Firm, and count on our New York personal injury attorneys to leverage the entirety of our firm’s resources, experience, and knowledge into getting your family the justice it deserves. Every moment counts – you have a limited time to file a dog bite claim on behalf of your child in New York State. Contact our New York City law office for a free consultation now.
