Being bitten by a dog can be frightening, but it’s also upsetting when your beloved pet hurts someone else. You already took care of the important first steps: controlling your dog to stop the attack and making sure the victim got prompt medical care. Now you have several other things to think about. Here’s an outline of what you need to do and what you might expect.
Initial Contacts After a Dog Bite
If you haven’t already done this, you should give the child’s parents your full name and contact information, as well as your dog’s license tag number and vaccination status. In some states, you’re legally required to do this. In California, for instance, you could be guilty of an infraction if you don’t give the victim all of this information within 48 hours after the bite (Cal. Penal Code § 398 (2018)).
If there were any witnesses to the attack itself, as well as what happened just before, see if you can get their names and phone numbers.
You should also contact your insurance company to find out if your homeowners’ or renters’ policy covers dog bites. Unless the policy excludes your dog (or dog bites in general), it should pay for the victim’s medical bills and other losses, up to the policy limit. If the child’s parents decide to sue you (more on that below), the insurance company will also hire a lawyer to defend you in the lawsuit.
Be Prepared to Quarantine Your Dog
Even if your dog has been vaccinated for rabies, you’ll typically have to make the animal available for a 10-day quarantine and observation by local public health officials or a vet. In some states, the quarantine can take place in your home, but only if you meet certain conditions. Otherwise, your dog will have to spend the time at a shelter or other facility. You can expect to be billed for the quarantine costs.
Dealing With a Dangerous-Dog Complaint
Depending on the seriousness of the incident, the victim’s injuries, and whether your dog has a history of biting people, you might face proceedings under state laws or local ordinances known as dangerous-dog laws. Assuming someone reported the attack, animal control or law officers may impound your dog and start proceedings to have it declared dangerous. Although the procedures vary from state to state, there will usually be an administrative hearing. You’ll have a right to be notified about the proceeding, as well as the right to challenge the outcome.
If your dog has been declared dangerous and you haven’t successfully appealed that decision, some states allow or require authorities to order the animal destroyed. Otherwise, you’ll have to follow a long list of restrictions in order to keep your dog. Violating those restrictions could lead to fines, losing your pet, or even jail time in some states. So you should speak with an attorney experienced in animal law or criminal defense whenever you’re facing dangerous-dog proceedings.
Be Prepared for a Lawsuit
Finally, you should be prepared for the possibility of a civil lawsuit. As the dog’s owner, you could be liable for the victim’s medical bills and other losses if the child’s parents can prove that the incident happened because you were careless—for instance, by leaving the gate unlatched or not making sure the fence was secure enough to keep your dog from escaping.
Even if you weren’t careless, you still could be legally responsible for the child's injuries under the law in your state. In some states, owners are liable for dog bites if they knew their animals were likely to hurt someone. Several other states—including Florida, New Jersey, and California—have strict-liability laws that make pet owners legally responsible for almost all dog-bite injuries, regardless of the animals' tendencies or the owners' carelessness. Many of these laws include a few exceptions, including when a dog was provoked. Despite your young neighbor's history of teasing your dog, you would need strong evidence to prove that on this occasion, your dog was defending itself from provocation.
Unless your insurance company will cover the incident and provide an attorney to defend you, you should speak to a personal injury attorney if a lawsuit appears on the horizon. The deadlines for filing personal injury lawsuits vary from state to state, but they're typically two or more years. So it could be a while before you learn if your neighbors are suing. A lawyer who’s experienced in this area can explain how the law in your state applies to your situation and the legal defenses that might be available to you.