What if My Child Gets Bitten By a Dog?

Your child may absolutely light up when they see a dog while playing with you at a public park, walking with you on a public street, or accompanying you to a neighbor’s or friend’s house. The dog may appear friendly and playful at first, making the interaction seemingly normal. But in an unexpected turn of events, you may devastatingly witness the dog bite or attack your child, causing them serious harm before you can intervene. While your parental instincts may kick in when it comes to addressing your child’s immediate medical needs, you may be lost on what to do on the legal front. With that being said, please follow along to find out your legal rights if your child gets bitten by a dog and how one of the proficient Prince George’s County dog bite lawyers at Miller Berman, LLC can guide you through this difficult time.

Which Maryland laws may apply if my child gets bitten by a dog?

Simply put, the state of Maryland follows a strict liability standard for dog bites. This statute holds that a dog owner is directly liable for the harm caused by their dog running at large at the time. Of note, this applies regardless of whether they knew or should have reasonably known that the dog had dangerous tendencies. Further, even if the dog was under proper physical control and not loose, an owner may still be responsible if there is a known and documented history of biting or attacks.

All of this is to say that you may have a valid dog bite injury claim against an owner after your child was made the victim of a bite or attack. Here, though, an owner may try to adopt certain defenses to excuse some of the blame. For example, they may claim that your child provoked the dog by teasing or tormenting them. However, you may counter with the argument that your child is too small to possess the capacity for such abusive behaviors and actions. Plus, you may have eyewitness testimonies to confirm your child did no such wrong. 

How long do I have to file an injury claim on my child’s behalf?

You may be permitted to file a dog bite injury claim on your child’s behalf immediately after their incident. Importantly, the statute of limitations you may be held to is three years from the date of the dog bite. Or, you may wait for your child to reach the legal age of 18 to decide for themselves whether they wish to pursue legal action. If so, they may have three years from their 18th birthday to initiate a claim against the negligent dog owner.

While we understand why you would want your child to figure out what they want independently, we may push you to strongly consider taking this upon yourself. This is because the evidence you may need to support a solid claim may disappear from your grasp or fade from your memory over time. For example, photos from the day may get accidentally deleted, medical records may get lost, witnesses may lose contact, etc.

The bodily injuries and financial damages your child is facing may just underscore the importance of obtaining strong legal representation. For this, look no further than one of the talented Prince George’s County injury lawyers from Miller Berman, LLC. Our team looks forward to collaborating with you.