When a dog bites a child, parents tend to remember every second of it: the sound, the panic, the drive to the emergency room. Later, after the stitches and the tears, come the quieter questions. Will there be a scar? Does my child need rabies shots? Who pays for all of this? This guide, from a dog bite lawyer in Rosedale, is meant to help you through those questions one step at a time, without pressure.
Children are especially vulnerable to dog bites. They are closer to a dog's height, they may not recognize warning signs, and bites to young children often involve the face, head or hands. If this has happened to your family, take a breath. You have time to make good decisions, and you do not have to make them alone.
First, take care of your child
Medical care comes before anything else. Even a bite that looks small can become infected, and puncture wounds are often deeper than they appear.
- Wash the wound gently with soap and running water if it is safe to do so.
- Control bleeding with clean, gentle pressure.
- Get medical attention the same day. Call 911 for serious bleeding or bites to the face, neck or head.
- Ask about plastic surgery or specialist follow-up if the bite is on the face. Doctors can tell you whether a specialist consult makes sense.
- Watch for infection in the days that follow: redness, swelling, warmth, pus or fever.
Children also carry bites emotionally. Some become afraid of dogs, have nightmares or don't want to go outside. These reactions are real and worth mentioning to your pediatrician. If your child needs counseling, those visits are part of the injury too. Our article on stitches, scars and infections after a dog bite covers the physical side in more depth.
Rabies: identify the dog and report the bite
Most bites in the city come from pet dogs, and rabies in a vaccinated pet is uncommon. Still, the rabies question needs a clear answer for your child's health.
The NYC Health Department's rabies page says possible rabies exposures can be reported through 311 or to your health care provider. When a healthy dog or cat bites someone, the owner is directed to observe the animal at home for 10 days, and the Health Department checks on it at the end of that period. If the animal stays healthy, the person bitten does not need a rabies vaccine.
That is why identifying the dog matters so much. If you can, get:
- The owner's name, address and phone number.
- The dog's name, a description and a photo.
- Whether the dog is licensed and vaccinated against rabies.
- Names and numbers of anyone who saw what happened.
If the dog's owner cannot be found, tell your child's doctor right away. Doctors can advise you about rabies treatment when the dog's status is unknown.
What a dog bite lawyer in Rosedale looks at first
New York's rules for dog bites are different from many other states, and they surprise a lot of parents. For an owner to be held responsible for a bite, New York generally uses what is called the vicious propensities rule. In general, the injured person must show that the dog had a tendency to act in a way that could endanger others, and that the owner knew or should have known about it.
Evidence of that knowledge can include:
- Earlier bites or attacks.
- Prior complaints from neighbors.
- Growling, lunging or snapping at people that the owner saw or was told about.
- The owner keeping the dog chained, muzzled or behind warning signs because of how it behaves.
When the owner had this kind of knowledge, New York generally holds the owner responsible for the harm the dog causes. When there is no such evidence, the claim can be harder, which is why gathering information from neighbors, building staff and others who know the dog can be so important. For a broader look, see our New York dog bite law guide.
Dogs already declared dangerous
New York also has a separate process for dogs found to be dangerous. Under Agriculture and Markets Law § 123, anyone who witnesses an attack, or a parent acting for a child, can file a complaint with a judge. If the dog is found dangerous by clear and convincing evidence after a hearing, the judge can order steps like training, secure confinement, leashing and muzzling in public, and liability insurance. The owner of a dog that has been found dangerous is strictly liable for the medical costs of injuries the dog causes. The statute also says it does not limit other claims by people injured by a vicious dog.
When a landlord may share responsibility
Many bites in Queens happen in or around apartment buildings: in hallways, lobbies, courtyards and on walkways. In some cases, a landlord can be responsible for a tenant's dog.
In Logie v Lester (2d Dept 2019), the Appellate Division restated the rule: to recover against a landlord for a tenant's dog, the injured person generally must show the landlord (1) had notice that a dog was being kept on the premises, (2) knew or should have known about its vicious propensities, and (3) had enough control of the premises to remove or confine the dog.
If neighbors had complained to management about a particular dog before your child was bitten, those complaints can be very important. Ask other tenants whether they ever reported the dog, and keep copies of any messages you sent yourself.
Who pays: homeowner's and renter's insurance
Parents often hesitate to bring a claim because they know the dog's owner. Maybe it is a neighbor, a relative or a friend from school. It may help to know that in many cases, the money does not come out of the owner's pocket. Homeowner's insurance and renter's insurance policies commonly include personal liability coverage that may respond to a dog bite claim, though some policies limit or exclude certain dogs.
| Where the bite happened | Possible sources of coverage |
|---|---|
| At the dog owner's house | Owner's homeowner's or renter's insurance |
| In an apartment building | Owner's renter's insurance; possibly the landlord's liability insurance if the landlord knew of the dog |
| In a park or on the street | Owner's homeowner's or renter's insurance, which often covers bites away from home |
| Dog with a prior dangerous-dog order | The owner may have been ordered to carry liability insurance |
Our article who pays after a dog attack in Queens walks through insurance in more detail.
Where it happens: Brookville Park
Brookville Park is one of the green spaces families in Rosedale use most, and it is the kind of place where children and dogs share the same paths.
Parks are shared spaces, so the rules for dogs in public places matter here. If a bite happens in or near a park, note exactly where it happened, whether the dog was on a leash, and who was holding it. That information helps show what went wrong.
The NYC leash law
New York City requires dogs in public to be leashed. According to the NYC Health Department's guide to being a responsible dog owner, dogs in public must be on a leash no more than six feet long. The same guide notes that dogs must wear a license tag in public and must be vaccinated against rabies.
A leash violation does not by itself decide a bite case, because the vicious propensities rule still generally applies to the owner's liability for the bite. But whether the dog was leashed, licensed and vaccinated is part of the overall picture, and it can be relevant to how the incident happened.
Your child's claim is handled differently
Claims for injured children follow special rules in New York, and they are designed to protect the child.
Court approval of any settlement
A parent cannot simply sign a release and settle a child's injury claim on their own. Under CPLR 1207, a settlement for a child generally requires court approval, known as an infant compromise. If no lawsuit has been filed, the parent can bring a special proceeding to ask the court to approve it. The court reviews whether the settlement is fair, approves the attorney's fee, and decides how the money is held, often in a protected account until the child turns 18.
This process is a safeguard. It means a judge looks out for your child's interests, and it also means insurers usually want to make sure the settlement holds up to that review.
More time, but don't wait
A child's deadline to sue for most injuries is generally extended because of their age, often until a few years after they turn 18. That does not mean you should wait. Witnesses move, owners sell homes, insurance policies change and dogs pass away. Claims involving a public entity can also have much shorter notice deadlines. Our guide on filing a personal injury claim for a minor in New York explains these rules for parents.
What a child's claim may include
- Medical bills, including emergency care, follow-up visits and any future scar revision.
- Pain and suffering, including emotional effects such as fear and anxiety.
- Scarring and disfigurement, which can weigh heavily for a child who will live with the scar for decades.
- A parent's own claim for certain medical expenses and lost services, in some cases.
To understand how bites are described medically, see dog bite levels explained.
Gentle steps for the days ahead
- Keep every medical record and receipt in one folder.
- Photograph the wound as it heals, every few days at first and then weekly. These photos tell the story of recovery.
- Write down what happened while it is fresh, including what the owner said.
- Keep a short journal of how your child is doing: sleep, mood, school, fear of dogs.
- Don't post about the bite on social media.
- Don't sign anything from an insurance company before getting advice.
Frequently asked questions
The dog belongs to a family friend. Do I have to sue them personally?
Not necessarily. Many dog bite claims are resolved through the owner's homeowner's or renter's insurance. A lawyer can help you understand what coverage may exist before you decide anything.
What if the dog never bit anyone before?
Under the vicious propensities rule, a prior bite is not the only kind of evidence. Earlier aggressive behavior the owner knew about may also matter. Every case depends on its facts.
Does my child need rabies shots?
That is a medical decision for your child's doctor. The NYC Health Department explains that a healthy dog that bites is generally observed for 10 days, and if it stays healthy, the person bitten does not need a rabies vaccine. Identifying the dog quickly makes that possible.
Can I settle my child's case without going to court?
Not completely. Even when the case never goes to trial, a settlement for a child generally needs a judge's approval.
We are here when you are ready
There is no rush to decide everything today. When you are ready to talk, we will listen. You can learn more on our Rosedale dog bite attorney page and our dog bite practice area page.
Yakov Mushiyev & Associates is located in Rosedale at 1 Cross Island Plaza, Suite 325. Yakov Mushiyev grew up in Queens, and the firm has recovered over $80 million for injured clients. We offer free consultations in English, Russian and Spanish, at our office, by video, at your home or in the hospital, and there is no fee unless we win.
Call 718.775.3110 or contact us online to talk about what happened to your child.
This article is general information, not legal advice. Every case is different, and prior results do not guarantee a similar outcome. Attorney Advertising.