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Children and Dog Bites are different from other injury claims. As Bergen County attorneys at Sammarro & Zalarick, we’ve sat with shaken parents in ER waiting rooms, looked at photos weeks and months after the incident, and listened as kids describe nightmares and new fears. Dog bite cases aren’t only about stitches and a medical bill; when the victim is a child, the law—and the long-term impact—look very different.

In our experience, the first days after a bite are hectic. You’re trying to stay calm for your child, talk with medical staff, and answer questions from animal control or a police officer. Then, sometimes within hours, an insurance adjuster calls “just to gather some facts,” often before you’ve processed what happened. This guide explains, in plain language, how New Jersey law treats children’s dog bite cases, what mistakes to avoid, and how we build claims that protect a child’s medical, emotional, and financial future.

Our goal is practical: give you clear steps and realistic expectations. If you need help now, we’re here—no pressure, just answers.

Children and Dog Bites: Why Cases Involving Minors Are Different

When a child is bitten, the harm goes beyond the puncture wound. Kids heal differently than adults. Scar tissue behaves differently on growing bodies. A six-year-old with a facial laceration today may need revision surgery during adolescence. And fear of dogs, sleep issues, or regression (bed-wetting, clinginess) are common. New Jersey law recognizes these realities in several ways:

• The standard of care for a child is not the adult standard. In court, a child’s behavior is judged against what a reasonably careful child of similar age, intelligence, and experience would do—not against what a reasonable adult would do. That matters when the defense claims “the child provoked the dog.”
• Time limits for dog bites in New Jersey (statutes of limitations) are more forgiving for minors. In most NJ personal injury cases, adults have two years to sue. For children, that two-year clock is tolled (paused) while they’re under 18. Practically, a child usually has until their 20th birthday to file. Parents, however, may have their own claim for the child’s medical bills; that parent claim typically follows the standard two-year deadline. Translation: don’t wait—let’s map deadlines early so nothing is lost.
• Settlements for minors require court approval. Any resolution of a child’s case in New Jersey must be reviewed by a judge in a short “friendly hearing.” The judge ensures the amount is fair, fees and costs are appropriate, and the funds are properly safeguarded—often via a structured settlement or restricted account until age 18.

Children and Dog Bites: NJ’s Strict Liability Rule in Plain English

New Jersey has a strict liability dog bite statute. In simple terms, if a dog bites someone who is in a public place or lawfully on private property, the owner is liable for the injuries—even if the dog never showed aggression before. You don’t have to prove negligence or that the owner knew the dog had “vicious propensities.”

A few nuances:

• Who counts as an “owner”? The statute targets owners, but we may also pursue common-law negligence claims against keepers, dog sitters, walkers, property owners, or landlords if their actions (or failures) contributed. For example, knowingly allowing an aggressive dog to roam common areas, ignoring leash rules, or violating local ordinances can support negligence claims.
• Trespassing and lawful presence. Children bitten in public (parks, sidewalks) are plainly protected. If a child is a guest on private property or invited to play, that’s lawful presence. “Trespass” defenses rarely fit because of how invitations, implied consent, and the child-standard interact—but we analyze the facts carefully.
• Provocation. Insurers often argue a child “provoked” the dog. Legally, a jury considers the child’s conduct through a child-appropriate lens. What might be “provocative” for an adult may not be for a six-year-old reaching to pet a friendly-seeming dog. We use child-development experts and the context (size of the dog, handler control, warning signs) to meet these arguments head-on.

What To Do Right After a Child Dog Bite (and Why It Matters)

1. Get medical care fast. Deep punctures, crush injuries, and facial wounds need evaluation. Ask about infection risk, tetanus, and whether plastics should be involved early for stitching.
2. Report the bite to local animal control or police. This creates an official record and triggers rabies observation protocols. Don’t skip it just because the owner is a neighbor or friend.
3. Identify the dog and owner immediately. Get names, phone numbers, and proof of rabies vaccination if available. If you can, note the address where the dog is kept and take a quick photo of the dog and leash/yard conditions.
4. Document injuries over time. Day-1 photos are important; day-3, day-7, and day-30 photos are often more important because bruising, swelling, and scar edges evolve. Keep a simple log of pain, nightmares, and missed school or activities.
5. Do not give a recorded statement to any insurance company before speaking with counsel. Seemingly innocent questions (“Was your child running?”) are designed to shape defenses.
6. Preserve the clothing and any torn items. They can help demonstrate bite force, location, and even dog size.
7. Follow up on mental health. If your child becomes fearful, watchful, or withdrawn, tell the pediatrician. Early counseling notes help your child and strengthen the claim.

Who Pays? Insurance in Children and Dog Bites Cases

Most dog bite claims are paid by the dog owner’s homeowners or renters insurance. Typical policies carry $100,000 to $300,000 liability limits (sometimes more), plus “med pay” coverage for initial bills regardless of fault. Some policies have breed exclusions or lower sublimits; we verify coverage, look for umbrellas, and explore any additional negligent parties (e.g., landlord ignoring complaints).

Your health insurance usually pays first for treatment, but may seek reimbursement from a settlement (called a lien). We handle these negotiations—including Medicaid/Medicare and ERISA plans—so more of the recovery stays with your child.

Damages That Matter for Children

We prepare child dog bite claims with a long horizon. That means we don’t just add up ER costs.

• Medical care now and later. ER care, plastics consults, antibiotics, scar creams, revision surgeries years down the line, and potential laser treatments.
• Scarring and disfigurement. Facial scars, hypertrophic scars, and keloids can carry intense social and psychological effects. We often retain pediatric plastic surgeons to forecast future options and costs.
• Pain, fear, and loss of enjoyment. A child who loved the park but now refuses to go has lost something real. We rely on child psychologists and child-life specialists to document these impacts.
• School and activities. Missed days, avoidance behaviors, and limits on sports or activities are compensable harms.
• Parents’ economic loss. Time off work for appointments and care, out-of-pocket expenses, and mileage can be included. Parents also have their own claim for the child’s medical bills; we coordinate the two claims carefully.

Children and Dog Bites: Building the Proof

Good cases are built, not found. Here’s how we do it:

• Scene and ordinance review. We examine leash laws and park or HOA rules. A violation can strengthen negligence claims alongside strict liability. Photos of the property, yard gaps, and prior complaints matter.
• Animal control file. Reports often capture owner admissions made in the moment. Follow-up notes about rabies observation or citations are important.
• Medical photography done right. We coach families on neutral lighting and consistent angles. We sometimes arrange forensic photography to ensure judges and insurers see what you see.
• Expert voices. Plastic surgery, psychology, and, if needed, canine behavior experts help explain how and why a bite occurred (and how it could have been prevented).
• Witnesses beyond the family. Neighbors, babysitters, and other parents can confirm prior incidents, off-leash habits, or that “the dog always lunged at kids near the fence.”

Comparative Fault, “Provocation,” and How New Jersey Treats Kids

New Jersey uses comparative negligence—juries can assign percentages of fault. If a plaintiff is more than 50% at fault, recovery is barred. But with children, the question is calibrated to a child’s capacity. A toddler reaching out to pet a dog is not judged like an adult teasing a chained animal. We present age-appropriate standards and often show that the adult handler is the one who should have anticipated contact, secured the leash, or warned “please don’t pet.”

The bottom line: in cases involving very young children, “provocation” is a weak defense when the adult in charge could have controlled the situation.

Special Situations We See Often

The “Friendly Dog” at a Family Gathering

No one wants conflict at a barbecue. But a family setting doesn’t change liability. Owners must control their dogs. If a bite happens, report it anyway. Private agreements to “handle it quietly” usually hurt the child’s case and complicate medical and rabies protocols.

The “Knock-Down” (No Bite, but Serious Injury)

Strict liability applies to bites. If a large dog knocks a child off a scooter and breaks an arm, we proceed under negligence—failure to control, leash violations, or ignoring warnings. These cases are strong when there is a clear rule or common-sense safety measure the adult ignored.

Bites in Apartments or Common Areas

Landlords aren’t automatic targets, but they can be liable if they knew a dangerous dog was present and failed to act (for example, ignoring written complaints about an aggressive, unleashed dog in the hallway). We look for notice and simple measures the landlord could have taken.

When the Dog Belongs to a Relative (Same Household)

These are delicate. Insurance may still cover the claim even within the family. Many parents hesitate because they don’t want to “sue” a loved one; remember, you’re accessing insurance, not taking anyone’s personal savings. We handle these with care and discretion.

Children and Dog Bites: How Long Do These Cases Take?

Medically, we prefer to see how the scar matures—usually a window of 6–12 months—before final valuation. If we settle too early, we risk underestimating future care. Legally, children have time (as explained above), but we still work promptly to preserve evidence, contact witnesses, and secure insurance coverage details. If negotiations stall, we file suit and keep the case moving while your child continues care.

Court Approval of a Minor’s Settlement (“Friendly Hearing”)

When a settlement is reached, New Jersey requires a short court hearing. Here’s what to expect:

• A judge reviews medical records, photographs, and expert opinions to ensure the amount is fair to the child.
• Attorney’s fees and case costs are reviewed for reasonableness.
• The judge approves a plan to protect the funds—commonly a restricted bank account, a structured settlement (an annuity paying at 18, 21, 25, etc.), or a combination. Structures can be powerful, tax-advantaged tools that turn a single lump sum into a reliable stream for college or future care.

We prepare all paperwork and guide parents through this brief, respectful process.

Common Insurance Tactics—and How We Respond

• “Quick check” offers. An adjuster offers a small amount within days. We advise waiting until at least the first follow-up with plastics and an initial sense of scarring.
• Blame shifting. Suggesting the child “ran at the dog.” We counter with child-appropriate standards, leash rules, and handler responsibilities.
• Minimizing emotional harm. Downplaying nightmares or avoidance. We document with pediatric notes and, when appropriate, child psychologists to translate behaviors into medical language.
• Questioning future care. Insurers argue revision surgery is “speculative.” Our experts anchor recommendations in accepted medical practice and specific growth-related needs.

A Note on Rabies, Reporting, and Vaccination Proof

After a bite, animal control typically verifies the dog’s rabies vaccination and may observe the animal for a period. Following those protocols protects your child’s health and creates an official record. If vaccination proof is missing, the medical team will consider post-exposure prophylaxis—time-sensitive treatment with a high success rate. We help you navigate these conversations and keep the paper trail clean.

How We Help Families involved in dog bites in New Jersey—Step by Step

1.  Free consultation and strategy. We review what happened, deadlines, and coverage—no cost, no obligation.
2. Evidence and notice. We lock down the animal control report, witness statements, photos, and any video. We notify insurers properly to stop “gotcha” calls.
3. Medical and psychological care coordination. We connect you with specialists and ensure your child’s care is documented thoroughly.
4. Valuation. Once the medical picture stabilizes, we work with experts to forecast future care and scarring implications.
5. Negotiation or litigation. We push for a fair settlement. If the carrier low-balls, we file suit and continue building leverage.
6. Court approval and funding plan. We guide you through the friendly hearing and help select the safest, smartest way to hold the funds for your child.

Throughout, our job is to protect your child’s rights today and their options tomorrow.

Children and Dog Bites FAQs for Parents

Do I have to let the insurance company record my statement?

No. You can (and should) decline until you speak with counsel. We’ll provide the facts at the right time, in the right way.

What if my child tried to pet the dog first?

That doesn’t end the case. New Jersey applies a child-appropriate standard, and owners/handlers must anticipate kids being kids—especially in public spaces.

What if the bite didn’t break the skin, but there’s a bruise or knock-down injury?

Non-bite injuries are pursued under negligence. We look for leash violations, poor control, or prior complaints.

Will this destroy a relationship with family or neighbors?

Claims are usually resolved through insurance, not personal assets. We keep things civil and confidential.

How much is a case worth for dog bites in New Jersey?

It depends on medical care (present and future), scarring, emotional impact, and coverage limits. We won’t guess; we’ll evaluate with specialists so you know the real number.

The One Mistake to Avoid

Do not accept a small, early settlement just to “put this behind us.” In child cases, time reveals the truth—how a scar settles, whether a revision is recommended, how anxiety shows up at school. Once you sign a release, that’s it. We’ll help you balance patience with progress.

Ready to Talk? Hire a law firm specialising in dog bites

We’re Sammarro & Zalarick, based in Bergen County and serving families across Hackensack, Teaneck, Fort Lee, Paramus, and beyond. If your child was bitten by a dog, reach out. We’ll answer your questions, map next steps, and protect your child’s future. Free consultation. No pressure.

Disclaimer: This article is for information only and isn’t legal advice. Every case is different. If your child was bitten by a dog in New Jersey, contact a qualified attorney to review your specific facts. We’re glad to help.