My Child Was Bitten In The Face By A Dog In North Carolina. What Are Our Rights?
Key Highlights:
- My child was bitten in the face by a dog in North Carolina. What are our rights? In North Carolina, a child under the age of 7 is not held responsible for provoking a dog.
- Bites to the face of a child run the risks of infections, nerve injuries, and even scarring.
- In North Carolina, strict liability may be imposed on a dog owner if his dog is considered to be dangerous.Â
- The statute of limitations is tolled until your child turns 21 years old.
- Most substantial settlements must be authorized by a North Carolina court.
When a dog bites a child in the face, the situation is terrifying and may even become life-threatening. But you have the right to sue for the cost of your child’s medical expenses, any surgical operations in the future, and damages caused by such an incident.
And you probably wonder, “My child was bitten in the face by a dog in North Carolina. What are our rights?” North Carolina law provides additional protection to a child victim of a dog bite. Our North Carolina dog bite lawyer at Tatum & Atkinson Law Firm will help you get through that period. And in this blog, we will explain what to do after such an accident and what the facial dog bite claim covers.
Protect your child’s future. Contact Tatum & Atkinson Law Firm today for a free consultation to speak with an experienced attorney about your legal options at (800) 529-0804.
Right After a Facial Dog Bite
Immediately after the accident, the main focus should be on ensuring the child gets proper treatment, and legal help is secured to build a sound legal case on behalf of your child. You want to make sure that proper documentation takes place right away so that there is enough evidence to prove the incident.
Get Emergency Care and Prevent Infection
Contact 911 or take your child to the ER. Facial wounds require a good washing, and a doctor will determine if your child needs antibiotics, a tetanus shot, and a rabies check-up. Bites to the face require special attention from a plastic surgeon, so ask if one should see your child.
Report the Bite
Animal bites must be reported to the county health department, leading to a mandatory rabies quarantine of the dog. This is important in establishing an official report of the incident.
Start Documenting
Take pictures of the wound right away and continue to take pictures as it heals so that you have documentation of how bad the wound was before it turned into a scar. Keep copies of all medical records and gather witness and owner information.
The Facial Injuries Children Suffer
Children are small in stature and usually face-to-face with the dog; therefore, a dog bite is very likely to affect their face and head. According to the CDC, most bite victims are children, and one out of five requires medical care.
Child dog bite injury to the face includes deep wounds, facial nerve injuries leading to problems in facial expressions, ocular trauma, fractures, and permanent scarring. Facial scarring surgery can be done to improve physical appearance, but it cannot erase scars, especially in growing children.
The Emotional Wounds
The injuries do not stop there; children assaulted by a dog suffer from long-term fear of animals, nightmares, anxiety, and post-traumatic stress syndrome.Â
Not to mention the additional psychological trauma inflicted when a face-scarred child starts attending school. Counseling is an integral aspect of healing and of the claim.
Who Is Liable in North Carolina
North Carolina provides more than one way for a bitten child to seek damages against the dog’s owner.
Strict Liability for a Dangerous Dog
Under N.C.G.S. § 67-4.4, an owner of a dog is liable under strict liability if the dog is classified as dangerous or potentially dangerous. A dangerous dog is a dog that caused a bite resulting in broken bones, disfiguring lacerations, or injuries requiring reconstructive surgery.
If the dog has this history, the owner is strictly liable for any future attacks, meaning that the victim doesn’t need to prove the owner was negligent.
The Owner Knew the Dog Was Dangerous
Alternatively, the dog’s owner can be found liable if they knew, or ought to have known, that the dog had the tendencies of a dangerous animal, for example, a prior bite, growling, or lunging by the dog. If the dog has not been classified as ‘dangerous’, this evidence can be used to hold the owner liable under NC’s one-bite rule.Â
The Owner Was Careless
The dog’s owner can also be found negligent and therefore liable, for example, for violation of the local leash or animal control ordinance.
My Child Was Bitten in the Face by a Dog in North Carolina. What Are Our Rights?
North Carolina provides legal protection for a child who suffers from injuries.Â
A Young Child Cannot Be Blamed
Under North Carolina law, recovery is impossible for any person who is even 1% at fault. However, a child under seven years old cannot be considered negligent, while children between seven and fourteen are presumed not at fault. The argument that a child provoked the dog does not apply to a young child.
The Deadline Is Paused
Adults have three years to file suit, but for a child, this time frame is tolled under N.C.G.S. § 1-17 until turning 18, meaning that your child has up to around age 21 to make their own case. The parent may file the claim on the child’s behalf at an earlier point, so that all the evidence is available.Â
But in the case of the parents seeking payment for the child’s medical expenses, it is still governed by the usual three-year statute of limitations.
A Court Protects the Money
A child does not have the legal authority to settle their claim in North Carolina. The judge has to approve the settlement, the guardian ad litem confirms its fairness, and the money is kept secure until the child turns 18, typically by the Clerk of Superior Court.
What Your Family Can Recover
The bite-to-face injury case is much larger than the hospital bill alone. It includes future and present medical treatment costs, surgical reconstruction and cosmetic procedures performed over time as the child grows, psychological therapy for trauma, pain, and suffering, and payments for lasting scars and disfigurement.Â
The way to prove all of this is through documentation, which includes photos and medical records, the animal control report, and often testimony by a plastic surgeon and psychologist regarding future costs of the injury.
Get Trusted Legal Guidance for Your Child’s Recovery
Are you asking yourself, “My child was bitten in the face by a dog in North Carolina. What are our rights?” Let Tatum & Atkinson give you the answer. Treatment should be the first priority; however, after that, legal guidance regarding what your family is entitled to is complimentary.
Since 2006, Tatum & Atkinson has helped injured North Carolina families from our Raleigh office and throughout the state. Our Heavy Hitters know how insurance companies underestimate the lifelong value of facial scarring and how to get your child the most compensation possible.
Call (800) 529-0804 for a free consultation. Our dog attack attorneys work on a contingency basis, meaning that there are no fees unless we win.
Frequently Asked Questions
Is the dog’s owner automatically responsible for my child’s facial bite?
At times. If the dog fits North Carolina’s definition of dangerous dogs, the result of which could be a serious bite to the face, the owner is liable regardless. In any other case, you prove that the dog’s owner knew about the danger of the animal or was negligent.
What if someone says my child provoked the dog?
Since your child is below 7 years of age, there is no way he or she can be held to be at fault according to North Carolina law. This applies to older children (7 to 14) as well, since the presumption favors the child.
How long do we have to take action?
Your child’s claim is usually put on hold until he/she reaches 18, so you have until 21 to file. However, the parents’ claim for reimbursement of medical expenses follows the strict 3-year deadline from the day of the accident. Act quickly, as waiting risks losing vital evidence and witness memories over time.
Will we have to go to court for a settlement?
There will be at least one small hearing even though the lawsuit has been settled amicably. The judge will ensure that the terms of the settlement are in the child’s best interests. This is a very protective measure.
What does hiring a lawyer cost?
Our personal injury lawyers charge no upfront cost whatsoever. This is contingency litigation, which means you pay nothing until you get paid, and your initial consultation is free.
