Child Injury Laws - By Jonathan Rosenfeld

Let's not forget that their are plenty of dog-attacks that take place everyday amongst well-behaved children and well-behaved dogs.  

In these circumstances, the dog owners and child-care supervisors are really the ones who are to blame when a child is attacked by friendly dog.

The lack of basic common sense for many dog owners was well-articulated in a recent article by Penny Elms, entitled, "5 yr old child bitten by dog- where has common sense gone?"

In her article, Penny discusses a recent dog bite attack in Florida where a child was severely bitten in the face by a baby sitter's 85 pound Pit Bull.

Apparently, the baby sitter knowingly allowed the five-year-old to play unsupervised with the dog.  It was after the boy attempted to ride the dog like a horse, he was attacked and bitten in the face in several areas.

In the aftermath of the dog attack, the young boy is expected to endure several facial reconstruction surgeries to repair his disfigured face and the dog may ultimately be euthanized.

I agree with Penny in that this incident should have been prevented and that the dog's breed is pretty much incidental. Any breed of dog could have caused similar damage to the child, if the owner fails to provide adequate supervision for both child and dog alike.

Penny makes some useful suggestions that both dog owners and parents should take note of to prevent similar dog attacks from occurring:

• Don't leave children unattended with dogs
• Don't let children ride dogs
• Keep children away from dog's bed and crate
• Keep children away from the face and mouth of a dog
• Don't let children play with dogs while the dog is eating or playing with a bone
• Help children understand that all dogs can have violent tendencies

As a personal injury lawyer who frequently represents children in dog attacks, I feel like this boy's parents would be able to pursue the dog owner for their son's medical expenses, pain, and any permanent disfigurement.  A dog attack such as this would likely be covered under the dog owners home owners insurance policy-- where the insurance carrier typically pays the claim or judgment as opposed to the individual.

Related:

4.5 Million Children Bitten By Dogs Every Year. How Can We Reduce These Numbers?

Dog Attack: Police Dog Attacks Boy At School Function

Who hasn’t walked down the street to be greeted by a sneer from an aggressive dog?

Sure the sneers are unsettling and most of the time they are relatively harmless. But, what happens when the sneering dog makes a dash and yanks the leash from an unsuspecting dog owner?

Hopefully, not much. However, when dogs with violent propensities get away from the control of their owners disastrous consequences can ensue if the dog attacks a person.

Now, a Chicago-area suburb is considering a law that would protect people who encounter a situation involving an aggressive dog that gets off-leash.

The Deerfield village board is considering a new law that would require owners to muzzle dogs that have bitten other animals or people when the dogs are off the owner’s property--- but within the confines of the village.

No word on how officials plan would enforce the new law, but the proposal would make Deerfield very unique as very few municipalities have muzzle laws to control dogs. Most municipalities currently have leash laws that require dogs to be on leashes any time they are off the owner’s property.

While the new muzzle law proposal sounds extreme, as a personal injury lawyer who has witnessed the severe injuries caused by aggressive dogs, I support this proposal as I hope it reduces incidence of dog attacks and dog bites.

The Deerfield village board will likely consider this proposal sometime in 2011. You can count on the Child Injury Law Blog to keep you posted on any updates in this area of animal control law.

Related:

Snappy Deerfield dogs may be muzzled but cats can still roam free, By Sue Ter Maat TribLocal November 25, 2010

4.5 Million Children Bitten By Dogs Every Year. How Can We Reduce These Numbers?

Michigan State University College Of Law, Animal Legal & Historical Center

Chicago Municipal Code, Animal Care and Control

Off Leash Dogs Are Just An Accident Waiting To Happen For Children

A recent news report regarding a 1-year-old boy who was bitten in the face by a relative's dog highlights a pattern of problems I see related to children who have been attacked by dogs while in the 'safety' of a home of a friend or family.

According to the news report in the Fay Observer, the boy who sustained puncture wounds under his eye and chin, was bitten as he played with the dog in the relatives backyard.

Unfortunately for many children, parents tend to forget that children should be supervised at all times when playing with dogs-- even friendly ones.  

Statistics tell us that children are more likely to be bitten by a dog belonging to a friend or family than that of a stranger. I've noticed that many times children are injured while playing with dogs that they may be familiar with because their parents mistakenly believe that a familiarity with the animal will prevent an attack.

Most dog bites to children that occur at the home of a friend or family member are covered under the dog owner's homeowners or rental insurance policy.  A recovery under such insurance would provide for recovery of the child's medical expenses, pain and resulting disfigurement.

Related:

4.5 Million Children Bitten By Dogs Every Year. How Can We Reduce These Numbers?

Dog Attack: Police Dog Attacks Boy At School Function

In the United States, about 4.5 million people are bitten by dogs every year, most of whom are children.  In Chicago alone, almost 2,000 people are bitten by dogs every year. 

Young children are the most common victim of dog bites, followed by the elderly.  About half of all children will be bitten by a dog before they graduate high school.  Children ages 5-9 are most at risk for dog bites. 

Every year, 850,000 dog bite victims require medical attention, of which, 400,000 are children.  Many dog bites involves children involve familiar dogs while the children engage in everyday activities, and a higher frequency of dog bites occur in the summer. 

Dog attacks can be vicious, and often require reconstructive surgery.  In 2009, over 30,000 reconstructive procedures were performed on dog bite victims.  Young children are more likely to be severely injured by a dog attack.  This is because they are smaller and can be knocked over by a dog more easily than a larger adult.  In addition, their short height puts them closer to the dogs jaws.  Young children are vulnerable to dog bites near their necks and heads.  Over a dozen dog bite fatalities, mostly children, occur yearly in the United States.

Unfortunately, there are all too many news stories involving dogs attacking children.  Perhaps the best and most horrifying reminder that any dog can bite, are the recent attacks including:

• October 2000 story about a 6-week-old baby that was killed by the family Pomeranian (a dog breed that weighs an average 4 lbs.).  

• April 2010, a 22-year-old woman was at a friend’s apartment, when her infant son was attacked by the apartment owner’s two dogs.  The dogs bit the child’s groin, severing his testicles.   

• June 2010, a bulldog attacked a woman and 5-year-old boy in Lakeville.  The victims were treated for injuries, and the dog was shot by police.  

• Again in June 2010, a 5-year-old girl in Pittsburgh was attacked by a pit-bull.  The girl’s injuries required plastic surgery to repair her bottom lip.  

• July 2010, a black lab grabbed a 2-year-old girl by the head at a family gathering.  

• September 2010, a two and a half year old child was bit in the face by the family dog in Nashville, TN. 

Dogs are wonderful companions and pets, but they should be treated with caution and respect.  The most effective way to protect yourself and your children from dog attacks is through dog bit prevention education and responsible dog ownership. 

Preventing Child Dog Attacks

Dog bites are preventable.  Effective dog bite prevention requires both responsible pet owners and caution by those coming into contact with dogs.  It is important to remember that any dog can bite.  Some dog breeds have been identified as “more aggressive” than other breeds, but a lot of a dog’s behavior depends on how it was raised and how it is treated. 

Children should be taught to be cautious around strange dogs and treat dogs with respect.  In addition, parents and schools should begin dog bite prevention education at a young age, so children know how to avoid being attacked by a dog. 

8 Ways to Avoid Being Bitten By a Dog:

1. Be alert for dangerous situations
2. Stay away from strange dogs that you may not be familiar with
3. Ask for permission before petting a dog
4. Do not disturb a dog that is eating, sleeping, or caring for puppies
5. Do not run past a dog (this could encourage the dog to chase you)
6. If threatened by a dog - do not scream, avoid eye contact, and remain still until the dog leaves, then back away slowly
7. If a dog is about to attack, place something between yourself and the dog (backpack, bicycle)
8. If you are knocked over or fall, curl into a ball and protect your head and face

How to Be a Responsible Dog Owner:

1. Carefully select your pet
2. Neuter your dog (makes them less likely to bite)
3. Have your dog vaccinated
4. Train your dog, enlist in obedience training if necessary
5. Properly socialize your dog
6. Do not leave your dog tied up for a long time, with little handling or attention
7. Do not put your dog in a position where it feels threatened
8. Use a leash in public
9. If your dog is unpredictable around people, use a muzzle or other protective devices

If you are bitten by a dog, you should seek medical treatment.  Try to gather as much information about the dog and its owner.  This information can help animal-control officers find the dog and its owner.  Wound infection is a major concern with dog bites. 

Doctors will likely take the victim’s history, obtain information about the attack, and assess the risk for tetanus and rabies.  The wound is inspected and irrigated with saline to reduce the risk of infection, and the victim is usually put on antibiotics.

Children are naturally drawn to animals including dogs.  While many dogs are gentle and playful, any dog can bite.  However, dog bites are preventable.  It just requires responsible dog owners and precautions from those who encounter dogs. 

Sources:

Boston.com: Police Kill Dog After Attacks on Lakeville Woman, Boy
Pediatrics: Analysis of Dog Bites in Children Who Are Younger Than 17

Dog Bite Law: Statistics

American Academy of Family Physicians: Prevention and Treatment of Dog Bites

Centers for Disease Control and Prevention: Dog Bite Prevention

Associated Content: When a Dog Bites Your Child: Treat the Wound Yourself or Call the Doctor?

Science Daily: Dog Bites a Particular Threat to Young Children, Especially as Temperatures Rise

Marion Star: Dog-bite incident has officials seeking owner

Medill Reports: Delaying Dog Bite Treatment Comes Back to Bite You, Experts Say

USPS: Postal Service Needs Help Preventing Dog Bites

Fox Phoenix: Dog Bite Dangers