Children and Dog Bites: Legal Protections in San Diego

When a dog bites a child, the physical injuries are only part of the story. The fear, the confusion, the lasting anxiety around animals can reshape a young person’s daily life for years. If your child has been bitten by a dog in San Diego, understanding the legal protections available to your family is an important first step toward recovery. California provides some of the strongest protections in the country for children and dog bite victims, and families have meaningful legal options to pursue compensation for medical bills, emotional trauma, and long-term care needs.

Children are the most vulnerable victims of dog attacks. In a national study of emergency department visits for dog bite injuries, the Centers for Disease Control and Prevention found that children between the ages of 5 and 9 had the highest injury rate of any age group, and the CDC continues to report that children are more likely than adults to be bitten by a dog. Because children are smaller and less able to defend themselves, their injuries tend to be more severe, frequently involving the face, head, and neck. A San Diego dog bite attorney who understands these cases can help your family navigate the legal process and pursue the compensation your child deserves. For the full picture of how injury claims involving minors work in California, see our San Diego child injury attorney page.

Why Children Are at Greater Risk for Dog Bite Injuries

Children face a disproportionate risk of dog bite injuries for several interconnected reasons. Their smaller stature places their faces and heads at the same height as many dogs, which is why facial injuries are far more common in pediatric dog bite cases than in adult cases. In the CDC’s national emergency department data, nearly two-thirds (64.9 percent) of dog bite injuries to children under age four involved the head or neck.

Young children also lack the cognitive development to recognize warning signs of aggression in a dog. A toddler may approach an unfamiliar dog with excitement rather than caution, or may inadvertently startle a resting animal. They may pull ears or tails without understanding the consequences. Importantly, California law recognizes this developmental reality. California courts have held that children under the age of five are incapable of contributory negligence as a matter of law (see CACI No. 402, Standard of Care for Minors, and the authorities it cites). As a practical matter, that makes it very difficult for a dog owner to shift fault onto a toddler who approached or startled the dog.

Older children between ages 5 and 17 are also judged by a child’s standard. Under CACI No. 402, a child is required to use only the amount of care that a reasonably careful child of the same age, intelligence, knowledge, and experience would use in the same situation, rather than an adult standard of care. This distinction matters significantly when dog owners attempt to argue that the child provoked the attack or was partially at fault.

California’s Strict Liability Law and How It Protects Your Child

California Civil Code § 3342 makes a dog owner liable for bite injuries “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness,” so your family does not need to prove that the owner was careless or knew the dog was dangerous. You can learn more about how this law works in our detailed guide to California’s dog bite strict liability statute.

For strict liability to apply, the bite must have occurred in a public place or while the child was lawfully on private property. The statute treats a person as lawfully on the owner’s property when they are there to perform a duty required by law or at the express or implied invitation of the owner. Children who are invited to play at a friend’s house, visiting a neighbor’s yard with permission, or walking through a public park in San Diego all meet this requirement. Harder questions arise when a child wanders into a yard uninvited, for example to retrieve a ball. Whether that child was “lawfully” present is fact-dependent, and even where the strict liability statute does not apply, a family may still be able to pursue a negligence claim against the owner. Our guide to the legal differences between a dog attack and a dog bite explains these alternative theories.

The Provocation Defense and Children

Dog owners and their insurers often argue that the child “provoked” the dog by pulling its tail, approaching it while it was eating, or otherwise triggering the attack. California’s dog bite statute contains no separate provocation defense. Instead, these arguments are raised as comparative fault: the owner must prove that the child was negligent and that the child’s negligence was a substantial factor in causing the harm, and any recovery is then reduced by the child’s percentage of responsibility (CACI No. 405).

Because a child’s conduct is measured against the child standard of care described above, this argument is weak when the victim is young. A child under five cannot be found contributorily negligent at all, and a seven-year-old who tries to pet a sleeping dog is not held to the same standard as an adult who ignores a “Beware of Dog” sign. Courts have also recognized that assumption of risk can bar recovery in some situations, such as a professional who is bitten while handling dogs for a living, but that doctrine rarely fits a child victim. Our article on proving liability in dog bite cases explains how fault is determined in these claims.

Common Dog Bite Injuries in Children

The types of injuries children suffer in dog attacks often differ from those seen in adult victims, both in location and severity. Understanding these injury patterns helps families recognize the full scope of medical care their child may need and the compensation they should pursue.

Facial and Head Injuries

Because young children’s faces are at the same level as most dogs’ mouths, facial bites are the most common injury pattern. These injuries can involve torn lips, damaged tear ducts, broken orbital bones, and lacerations that require plastic surgery to repair. Facial scarring and disfigurement from dog bites can be particularly devastating for children, who must live with visible scars through their formative years and into adulthood.

Infection Risks

Children’s developing immune systems make them more susceptible to the bacterial infections that frequently follow dog bites. Pasteurella, Staphylococcus, and Capnocytophaga are among the bacteria commonly found in dog saliva that can cause serious infections if a bite wound is not properly treated. Deep puncture wounds, which are common in dog bites, can trap bacteria beneath the skin where they are difficult to clean. Our guide to dog bite infections and medical complications covers the warning signs parents should watch for after an attack.

Psychological and Emotional Trauma

The emotional aftermath of a dog bite can be as significant as the physical injuries for children. Post-traumatic stress disorder (PTSD), generalized anxiety, nightmares, and a persistent fear of dogs (cynophobia) are common psychological responses in children who have been attacked. Younger children may regress developmentally, experiencing bedwetting, separation anxiety, or difficulty sleeping. Older children may withdraw socially, avoid outdoor activities, or develop school-related anxiety if the attack occurred near their school or a friend’s home.

These psychological injuries are compensable under California law. Families can recover damages for emotional distress, the cost of therapy or counseling, and the impact the trauma has on the child’s quality of life. Documenting these effects through professional evaluation is critical to building a strong claim.

Steps Parents Should Take After a Dog Bites Their Child

The actions you take in the hours and days after your child is bitten by a dog can significantly affect both their medical recovery and your legal options. Here is what San Diego families should prioritize.

Seek Immediate Medical Attention

Even if the bite appears minor, have your child evaluated by a medical professional. Dog bites can cause internal damage that is not immediately visible, and children may not be able to articulate the full extent of their pain. Emergency rooms at Rady Children’s Hospital in San Diego are experienced in treating pediatric dog bite injuries and can assess the need for stitches, antibiotics, tetanus boosters, or rabies post-exposure prophylaxis. Medical records also serve as essential evidence in any subsequent legal claim.

Report the Bite to San Diego County Animal Services

Dog bites in San Diego County must be reported to the animal control agency for the city where the bite occurred. The San Diego County Department of Animal Services serves the unincorporated areas of the county and enforces County Code section 62.615, which requires that a bite be reported and that the dog be quarantined for 10 days from the date of the bite, even if it is current on its rabies vaccination. The City of San Diego and most other cities in the county are served by the San Diego Humane Society or by their own city animal care facilities, and a report to those agencies creates the same kind of official record. The report documents the incident and triggers an investigation. This documentation is valuable evidence when pursuing a legal claim.

Document Everything

Photograph your child’s injuries immediately and continue photographing the healing process over the following weeks and months. Collect the dog owner’s name, address, and homeowner’s insurance information. If there were witnesses, get their contact information. Keep a journal documenting your child’s physical symptoms, emotional state, missed school days, and any behavioral changes. For a complete walkthrough, review our guide on steps to take after a dog bite in San Diego.

Statute of Limitations: Extended Deadlines for Child Victims

California’s general statute of limitations for personal injury claims is two years from the date of the injury under Code of Civil Procedure § 335.1. However, when the victim is a minor, Code of Civil Procedure § 352 provides that the time of the disability is not counted, which tolls (pauses) the statute of limitations until the child turns 18. This means a child who is bitten at age 6 technically has until age 20 to file a lawsuit. We explain how California deadlines work in a child injury case, including the much shorter deadline when a public entity is involved, on our child injury page.

While this extended timeline provides a legal safety net, families should not delay pursuing a claim. Evidence becomes harder to gather over time. Witnesses forget details, medical records may be more difficult to obtain, and the dog owner’s insurance situation may change. Filing a claim promptly while the evidence is fresh typically produces the strongest results.

Compensation Available for Child Dog Bite Victims

Families pursuing a dog bite claim on behalf of their child can seek several categories of compensation. California does not cap non-economic damages in personal injury cases, which means there is no artificial limit on the value of your child’s pain and suffering. To understand the full range of damages available, visit our dog bite compensation guide.

Medical Expenses

This includes emergency room visits, surgery (including reconstructive and plastic surgery), hospitalization, prescription medications, wound care, physical therapy, and any future medical treatment your child will need. For children with facial scarring, this may include scar revision surgeries scheduled for when the child stops growing, which could be years after the initial attack.

Pain and Suffering

For children, the severity of the injury, the duration of recovery, and the long-term impact on the child’s life all drive the value of this category. A visible facial scar that a child will carry through adolescence and adulthood is often the largest component of a child’s non-economic damages.

Emotional Distress and Therapy Costs

The cost of counseling, therapy, and psychiatric treatment for PTSD, anxiety, and other psychological effects of the attack are recoverable. Many children require months or even years of therapy to process the trauma of a dog attack, and these costs can be substantial.

Loss of Quality of Life

If the attack has fundamentally changed your child’s ability to enjoy activities they once loved, such as playing outside, visiting friends who have dogs, or participating in sports, this diminished quality of life is compensable.

Parents sometimes ask whether they can recover for their own emotional distress. California allows a “bystander” claim only in limited circumstances. Under Thing v. La Chusa (1989) 48 Cal.3d 644 and CACI No. 1621, the parent must have been present at the scene when the attack occurred, must have been aware at the time that it was injuring the child, and must have suffered serious emotional distress as a result. A parent who learns of the attack afterward generally cannot bring this claim, although the child’s own emotional distress remains fully compensable.

Court-Approved Settlements for Minor Victims

When a dog bite claim is resolved on behalf of a child, the settlement process includes additional legal safeguards that do not apply to adult cases. Under Probate Code § 3500, a parent may compromise a child’s disputed claim, but the compromise is valid only after it has been approved by the superior court on a petition. Once a lawsuit is filed, Code of Civil Procedure § 372 likewise requires court approval before a guardian ad litem can settle the case, and California Rules of Court, rule 7.950 requires the petition to be verified and to fully disclose everything bearing on the reasonableness of the settlement.

The court’s role is to ensure that the settlement is fair and in the child’s best interest, not just convenient for the parents or the insurance company. The judge will review the terms of the settlement, the attorney’s fees, and the plan for managing the funds. Once the settlement is approved, Probate Code § 3611 gives the court a menu of options for the child’s money. The most common is a blocked account, an insured account that cannot be withdrawn from without a court order until the child turns 18. The court may also direct the funds into a single-premium deferred annuity (a structured settlement), a court-supervised trust, or a custodial account under the California Uniform Transfers to Minors Act. If the net amount payable to the child is $5,000 or less, the court may order it paid directly to a parent to hold for the child without a bond, and Probate Code § 3401 separately allows small sums to be paid to a parent when the child’s total estate does not exceed $5,000.

This court oversight exists to protect children from having their settlement funds mismanaged or spent before they reach adulthood. While it adds a step to the resolution process, it ensures your child’s financial recovery is safeguarded.

The Role of a Guardian Ad Litem in Your Child’s Case

Because minors cannot file lawsuits on their own behalf in California, a parent or legal guardian must act as the child’s “guardian ad litem” to pursue the claim. The guardian ad litem makes legal decisions on the child’s behalf throughout the case, including whether to accept a settlement offer or proceed to trial.

In most cases, a parent naturally serves as the guardian ad litem. However, if a conflict of interest exists, such as when the dog owner is a family member, the court may appoint a separate guardian ad litem to represent the child’s interests independently. An experienced San Diego dog bite lawyer can guide you through the guardian ad litem appointment process and ensure it does not delay your child’s case. The same court-approval and guardian ad litem rules apply to every injury claim brought on behalf of a child, not only dog bites.

San Diego Resources for Families After a Dog Attack

San Diego has several local resources that families should know about after a child is bitten by a dog.

Animal control agencies. The San Diego County Department of Animal Services handles bite reports and investigations for the unincorporated areas of the county. Within the City of San Diego, as well as Imperial Beach, Santee, Escondido, Poway, San Marcos, Carlsbad, Del Mar, Encinitas, Oceanside, Solana Beach, and Vista, animal services are provided by the San Diego Humane Society. Chula Vista, Lemon Grove, Coronado, and National City operate their own animal care facilities. Reporting to the correct agency triggers the 10-day rabies quarantine and creates an official record of the incident. Our reporting guide, linked above, explains how to find the right agency for the location of the bite.

Rady Children’s Hospital San Diego is the region’s premier pediatric hospital and has extensive experience treating dog bite injuries in children. Its emergency department and pediatric plastic surgery team regularly treat these injuries.

Many bites to young children happen during everyday activities with dogs they know, but parks, sidewalks, and school zones are also places where children encounter unfamiliar dogs. San Diego County Code section 62.669, which the City of San Diego adopts by reference (San Diego Municipal Code section 44.0300), requires dogs away from home to be restrained on a hand-held leash no longer than six feet. If a dog owner violated the leash law when their dog bit your child, this violation can serve as additional evidence of negligence in your claim.

How Homeowner’s Insurance Applies to Child Dog Bite Claims

Most dog bite claims are paid by the dog owner’s homeowner’s or renter’s insurance policy. The Insurance Information Institute reports that California had more dog bite liability claims than any other state in 2025 (2,830 claims), with an average cost per claim of $81,789, well above the national average of $65,450.

When a child is the victim, these claims tend to settle for higher amounts because of the severity of injuries, the long-term nature of treatment (especially for facial scarring), and the emotional impact on a young victim. Insurance companies are aware that juries are particularly sympathetic to injured children and often prefer to settle these cases rather than risk a trial.

However, insurance companies will still attempt to minimize their payout. They may argue that the child provoked the dog, that the injuries are not as severe as claimed, or that pre-existing conditions contributed to the harm. Having an attorney who regularly handles child dog bite cases is essential to countering these tactics and securing a fair settlement for your family.

Protecting Your Child’s Legal Rights After a Dog Bite

No parent should have to navigate the aftermath of a dog attack alone. If your child has been bitten by a dog in San Diego, Hulburt Law Firm is here to help your family understand your legal options, handle the insurance process, and fight for the compensation your child needs to heal.

Attorney Conor Hulburt represents families across San Diego in catastrophic injury cases, including serious dog bite injuries to children. With a deep understanding of California’s strict liability laws and the special legal protections available to minor victims, he works to ensure every family receives the full compensation they deserve.

Contact Hulburt Law Firm today for a free, no-obligation consultation. Call (619) 821-0500 or reach out online to discuss your child’s case with a dedicated San Diego personal injury attorney who puts families first.