When a dog bites your child, everything else stops. You are thinking about stitches, about whether your son or daughter is scared, about whether the scar will fade. The legal side is probably the last thing on your mind, and that is completely normal. This guide is for Woodhaven parents who want to understand what comes next, written the way a dog bite lawyer in Woodhaven would explain it across a kitchen table, at a pace that works for a family that is already stretched thin.
Woodhaven is a neighborhood of frame houses and small yards next to Forest Park. Kids play on stoops and sidewalks, walk to the park along Forest Parkway, and pass dogs every day on Jamaica Avenue under the J train and along Woodhaven Boulevard. Most of those dogs are friendly. When one is not, a child is often the one who gets hurt.
You are not alone in this
The American Veterinary Medical Association notes that millions of people are bitten by dogs in the United States each year, hundreds of thousands need medical attention, and about half of the people bitten are children. Children are small, their faces are close to a dog’s mouth, and they do not always read a dog’s warning signs. None of that makes it your child’s fault.
Caring for your child today
Take your child to a doctor even if the bite looks minor. Small puncture wounds can trap bacteria and turn into infections. Bites on the hands can hurt nerves or tendons. Bites on the face need special attention, both for healing and for how the scar will look. If the dog knocked your child down, ask the doctor to check for a fracture.
While you are still at the scene, try to find out who owns the dog and whether its rabies shots are current. If nobody can confirm the vaccination, the doctor may recommend rabies shots for your child. That is hard to hear, but it is there to keep your child safe.
Then, within 24 hours, make sure the bite is reported to NYC Health. Often the hospital or doctor does this. If you are not sure, report it yourself.
Small things you can do this week
- Take clear photos of the wound, and keep taking them as it heals.
- Save the torn shirt, jacket or pants in a bag.
- Photograph the place it happened, whether it was a neighbor’s yard, the sidewalk or a path in Forest Park.
- Write down names and numbers of anyone who saw it, including other parents.
- Keep a simple folder of every bill, receipt and doctor’s note.
Scars, and what they can mean later
Children’s skin heals quickly, but bite scars can stay. As a child grows, a scar can stretch or change shape. Some children later need scar revision or plastic surgery, sometimes years after the bite. That is one reason it helps to wait until the healing picture is clearer before settling anything. Photos taken over months help show how the scar changed and what it did to your child’s appearance and confidence.
The feelings that come afterward
Many parents are surprised by how long the emotional part lasts. A child who was bitten may suddenly refuse to walk past a house with a dog, wake up with nightmares, or cling to you on the way to school. Some children become afraid of all dogs, even family pets. These are common reactions, and they are real harms. If you notice them, tell your pediatrician. Counseling can help, and the emotional harm belongs in the record of what the bite cost your child.
A map from Woodhaven to our office
Our office sits at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422. The map below shows how to get there from Woodhaven. If it is easier, we will come to your home instead so your child does not have to travel.
Who is responsible when a dog bites a child
In New York, a dog owner is generally responsible if they knew or should have known their dog had “vicious propensities.” That rule comes from a 2004 Court of Appeals case, Collier v. Zambito. It sounds technical, but it often comes down to what neighbors already saw: a dog that growled, snapped or lunged at people, jumped on kids, had bitten before, was kept chained or muzzled, or had a “Beware of Dog” sign on the gate. Complaints count too.
If a dog has been officially found “dangerous,” the owner is strictly liable for the medical costs its attacks cause. A landlord who knew about a dangerous dog and could have removed it may also be responsible. If the dog was off leash in a park, it is worth knowing that dogs may run free only in designated areas at set hours.
Parents often worry about suing a neighbor. It may help to know that most claims are paid through the owner’s homeowners or renters insurance, not out of the family’s own pocket. Our post on who pays after a dog attack explains this in more detail. If an adjuster calls asking for a recorded statement about your child, you can politely wait until you have talked to a lawyer.
“But my child reached for the dog”
Kids reach for dogs. It happens. New York uses pure comparative fault, so even if some share of blame were placed on your child, compensation is reduced, not denied. Our guide to shared fault in New York walks through how that works.
More time for children, with one big exception
Adults generally have three years to file a lawsuit after a bite under CPLR § 214. For children, CPLR § 208 generally pauses that clock until the child turns 18. That extra time is a real help for families. But there is a catch: if the bite involves city property or public housing, a notice of claim usually has to be filed within 90 days. And even when there is time, evidence is easiest to gather early.
What a claim for your child can cover
- Doctor and hospital bills, including rabies treatment
- Future care, such as scar revision or plastic surgery as your child grows
- The emotional trauma the bite left behind
- Pain and suffering
- Disfigurement, especially from facial scars
Talking with us
A Woodhaven dog bite lawyer from Yakov Mushiyev & Associates can take the paperwork, the insurer and the deadlines off your plate so you can focus on your child. Over the years, our firm has recovered more than $80 million for people hurt across New York. The first meeting is free, and there is no fee unless we win. We speak English, Russian and Spanish, and we are happy to visit you at home, see you at the hospital, or talk by video after bedtime.
You can read our New York dog bite law guide, learn about our dog bite practice, or see our Queens accident lawyer page. Families in nearby neighborhoods can visit our pages for a dog bite lawyer in Richmond Hill, a dog bite lawyer in Ozone Park, or a dog bite lawyer in Jamaica.
Whenever you have a quiet moment, give us a call at 718.775.3110 or send a message through our contact page. We will listen first.
Attorney Advertising. This guide is general information for parents and is not legal advice about your child’s situation.