Children are more vulnerable to serious injury in dog bite incidents due to their smaller size and lack of ability to protect themselves. These injuries can have long-lasting physical and emotional consequences. We specialize in representing children who have been injured by dog attacks.
We understand the unique challenges that child victims face, and we are committed to helping your family recover the compensation needed for medical expenses, therapy, and long-term care. Let us fight for your child’s rights and hold negligent dog owners accountable.
Why Dog Bites Are Especially Dangerous for Children
Understanding the Impact of Dog Bites on Children
Children are at a higher risk of severe injury from dog bites for several reasons:
- Smaller Size: Due to their smaller size, children are more likely to be bitten in vulnerable areas such as the face, neck, and head, which can lead to more serious injuries.
- Lack of Awareness: Children may not understand how to interact with animals safely and are more likely to unknowingly provoke a dog, increasing the likelihood of an attack.
- Inability to Defend Themselves: A child’s physical strength and ability to defend themselves are limited compared to adults, which can make dog attacks more dangerous and prolonged.
- Emotional Trauma: Beyond physical injuries, dog bites can leave lasting emotional trauma for children, leading to anxiety, fear of animals, and even post-traumatic stress disorder (PTSD).
Because children face unique challenges in recovering from dog bites, it is critical to seek legal help that understands how to approach these sensitive cases.
Common Injuries in Child Dog Bite Cases
The Physical and Emotional Consequences of Dog Bites in Children
Dog bite injuries in children can range from mild to severe, and they often require specialized medical treatment. Some of the most common injuries include:
- Facial Injuries: Children are more likely to suffer bites to the face, leading to scarring, disfigurement, and the need for reconstructive surgery.
- Head and Neck Injuries: Due to their height, children are often bitten in the neck or head area, which can lead to severe trauma and life-threatening injuries.
- Nerve Damage: Deep bites can damage nerves, leading to long-term or permanent loss of sensation or movement.
- Infections and Rabies: Dog bites can result in infections, including severe bacterial infections or exposure to rabies, especially if the dog’s vaccination status is unknown.
- Psychological Trauma: Many children develop long-lasting emotional issues after a dog bite, such as fear of dogs or anxiety around animals.
These injuries can have long-term effects on a child’s physical and emotional well-being. Our team will work with medical professionals to assess the full impact of your child’s injuries and ensure they receive the care they need.
Who Is Responsible in a Child Dog Bite Case?
New Mexico does not have a strict liability law for dog bites. Instead, New Mexico follows the “one-bite rule” or negligence-based standard. This means that dog owners are only liable if they knew or should have known that their dog was likely to cause harm (e.g., if the dog had previously shown aggressive tendencies or bitten someone). If the dog had no known history of aggression, liability would need to be proven through negligence, showing that the owner failed to act reasonably to prevent the attack.
- Dog Owner’s Liability: In New Mexico, dog owners are not automatically held responsible for a bite unless the dog had a known history of aggressive behavior or the owner was negligent in controlling or restraining the dog. The “one-bite rule” applies, meaning that if a dog has not previously displayed dangerous behavior, the owner may not be held liable unless negligence can be proven.
- Landlord or Property Owner Liability: In New Mexico, a landlord can be held liable for a dog bite if they had control over the premises and were aware of the dog’s aggressive tendencies, but failed to take reasonable steps to protect tenants or visitors from harm. This is especially relevant in cases where the attack occurred in a common area.
- Violations of Local Laws: If the dog owner violated local leash laws or other animal control ordinances, this can further support your claim. In Albuquerque, as in much of New Mexico, local leash laws require that dogs be restrained in public areas. Violations of these laws can strengthen your claim, as failure to leash or control a dog may be considered negligence, further supporting the case for strict liability.
How We Can Help Your Child Recover Compensation
We’ll Fight to Secure the Compensation Your Family Needs
We understand how devastating a dog attack can be for your child and your entire family. We are committed to helping you secure the compensation needed to cover all aspects of your child’s recovery. Here’s how we help:
- Gather Medical and Psychological Evidence: We will work with doctors, therapists, and other specialists to document your child’s injuries and emotional trauma.
- Calculate Long-Term Costs: We’ll carefully assess your child’s future medical needs, including reconstructive surgery, therapy, and any ongoing treatments, to ensure full compensation.
- Handle All Legal Procedures: From filing the claim to negotiating with the dog owner’s insurance company, we handle every step of the process so you can focus on your child’s recovery.
- Litigate if Necessary: While many dog bite cases settle out of court, we are prepared to take your case to trial if the insurance company or dog owner refuses to offer a fair settlement. In New Mexico, our experienced attorneys will aggressively pursue justice to ensure your child’s future medical and emotional needs are covered.
We will fight tirelessly to ensure your child’s rights are protected and that they receive the care and compensation they need for a full recovery.
Signs You May Have a Child Dog Bite Claim
How to Know if You Can Pursue a Claim on Behalf of Your Child
- Your Child Was Bitten by Someone Else’s Dog: If your child was bitten by a dog owned by someone else, you may be able to file a claim against the dog owner or their insurance company. When a child is injured, the long-term effects of the injury are taken into consideration. For example, scars or disfigurement from a dog bite may result in higher compensation to cover future reconstructive surgery, therapy, and emotional distress.
- The Dog Owner is Negligent: In New Mexico, a dog owner can defend against a claim by showing that the victim provoked the dog or was trespassing. Since the state does not apply strict liability, proving negligence is essential unless the dog has a known history of aggressive behavior. If provocation or trespassing occurred, the owner may not be held liable.
- Your Child Requires Medical Treatment: If your child needed medical attention for their injuries, including emergency care, reconstructive surgery, or therapy, you may be entitled to compensation.
- Your Child Is Suffering Emotional Trauma: If your child is experiencing fear, anxiety, or other emotional issues as a result of the dog bite, this can be factored into the claim.
If any of these apply to your case, it’s important to consult with a lawyer as soon as possible to explore your legal options.
Frequently Asked Questions
FAQs About Child Dog Bite Cases
Can I file a claim on behalf of my child?
Yes, as a parent or legal guardian, you can file a claim on behalf of your child to seek compensation for their medical bills, pain and suffering, and other damages resulting from the dog bite.
What if my child is afraid of dogs after the attack?
In New Mexico, non-economic damages for emotional trauma, such as pain and suffering or psychological harm, can be included in your claim, especially when supported by medical evidence or expert testimony.
How long do I have to file a claim for my child’s dog bite injuries?
In New Mexico, the statute of limitations for personal injury claims, including dog bites, is generally three years from the date of the injury for adults. For minors, the statute of limitations is extended until three years after their 18th birthday, giving them until they are 21 to file a claim.