Dog Bit My Child: Claims, Deadlines and Settlements (2026)

When a dog bites a child, the child has their own injury claim, usually brought by a parent or guardian, and in most states the deadline to sue does not start until the child turns 18. Any settlement of a child’s claim generally needs a judge’s approval, and the money is held for the child, not paid freely to the parents.

This guide covers what CDC data show about bites to children, the medical and reporting steps, the child’s claim and the parents’ claim, the extra time minors get, and court approval of settlements. It is general information, not medical or legal advice. Each state’s rule is on its page in the state list.

How often are children bitten?

Children are bitten more often than adults, and their injuries tend to be more severe, according to the CDC in 2026 ¹. The figures behind that statement come from emergency department data.

Rates peak at ages 5 to 9. In CDC’s study of 2001 emergency department visits, the injury rate was highest for children aged 5–9 and fell with age; children under 14 made up about 42% of cases, and boys were bitten at a higher rate than girls (293.2 vs 216.7 per 100,000) ².
Young children are bitten on the head and neck. In the same data, 64.9% of injuries to children under 4 were to the head or neck, and that share fell as children got older ².
More than a third of emergency visits are children. In 2008 hospital data, 38.0% of emergency department visits for dog bites were for patients under 18. The visit rate was 175.0 per 100,000 for children under 5 and 199.3 for ages 5–9, the highest of any age group ³.
Familiar dogs. CDC found that most bites to minors come from the family dog or a neighbor’s dog ².

In a 2009 podcast, the CDC put the yearly total at 800,000 Americans seeking medical attention for dog bites, half of them children ⁴. Those are older national estimates; the dog bite statistics guide lists the newest figures with their dates.

First steps after a dog bites your child

Get the child medical care first. The CDC says to see a healthcare provider if the wound is serious or deep, if it becomes infected, if you don’t know whether the dog is vaccinated against rabies, or if it has been more than 5 years since the last tetanus shot ¹. Bites to a young child’s face or head are common ², so a doctor’s look is a reasonable step even when the wound seems small. Ask about rabies only through the doctor or health department: whether shots are needed depends on the dog.

Then report the bite. The CDC says to report dog bites to local animal control or the police ¹, and many states require it. The report starts the 10-day rabies observation of the dog; the dog bite quarantine guide has each state’s rule.

Find out whose dog it was. Get the owner’s name and address, the dog’s description and proof of its rabies vaccination.
Write down what happened. Where the child was, why, and who was supervising. In bite cases the place and the reason the child was there often decide the claim.
Photograph the wounds. Take photos on the first day and as the wounds heal, because scarring on a child can change over months.
Keep every record. Medical bills, therapy visits, and any counseling if the child becomes afraid of dogs or has trouble sleeping.

The general checklist is in what to do after a dog bite.

Is the owner liable when a dog bites a child?

The child’s claim follows the same state rule as an adult’s. 22 jurisdictions have a statute that makes the owner liable for a bite without proof that the owner knew the dog was dangerous, and 16 have a partial statute. The rest follow the common-law one bite rule and negligence.

Three state files show the range:

California makes the owner liable for the damages suffered by a person bitten in a public place or while lawfully on private property, including the owner’s own property, regardless of the dog’s past behavior or the owner’s knowledge ⁵. A child invited to a friend’s house is lawfully there. See California dog bite law.
Pennsylvania makes the owner or keeper pay the full cost of the victim’s medical treatment from an attacking or biting dog, without proof of fault ⁹. Lost earnings, pain and suffering and scarring need a negligence claim. If the owner of a dangerous dog is itself a minor, the parent is liable for injuries from an unprovoked attack ⁹. See Pennsylvania dog bite law.
Texas has no dog bite statute. Under Marshall v. Ranne, the owner is strictly liable for an animal known to be dangerous, and otherwise the claim is for negligence ¹³. See Texas dog bite law.

The strict liability states guide and the dog bite laws by state table cover every jurisdiction.

Do provocation and trespass apply to children?

They can, but some statutes treat young children differently. Provocation and trespass are defenses in most states, and a small child may climb a fence or pull a dog’s tail without understanding the risk. Few statutes set an age, so courts decide case by case.

Texas is one example of an age line in a dangerous-dog statute. A court may not order a dog destroyed for a serious bite to a trespasser inside the dog’s enclosure if the trespasser was at least eight years old. When the person bitten was younger than eight, that bar on destruction applies only if the enclosure was reasonably certain to keep children that young from getting in ¹⁴. Pennsylvania requires the owner of a dog declared dangerous to post a warning sign that includes a symbol children can understand ⁹.

Shared fault follows the state’s comparative fault rules, and a parent’s supervision is a separate question from the child’s own conduct. The provocation and trespass guide explains each defense, and the dangerous dog laws guide covers hearings after a bite, for example on the Texas dangerous dog law page.

The child’s claim and the parents’ claim

A dog bite to a child can produce two sets of claims. The child’s claim covers the child’s own pain and suffering, scarring, disfigurement and future losses. A child cannot sue alone, so a parent or other adult brings it as guardian, next friend or guardian ad litem.

The parents may also have a claim of their own, typically for the medical bills they paid and their own losses. California, for example, lets the parents of an unmarried minor jointly sue for an injury to their child caused by another’s wrongful act or neglect, and the court decides the parents’ respective rights to any award ⁷.

Keep the two apart in your records. Medical bills paid by a parent, time off work to take the child to appointments, and the child’s own injuries may be counted separately, and the deadlines can differ (next section).

How long do you have to file for a child?

In most states, the clock for the child’s own claim does not run while the child is a minor. Three examples from the state files:

California. The usual deadline is two years, but time before the child turns 18 is not counted ⁶. That tolling does not apply to a claim against a public entity, such as a city shelter or a police K-9 unit, where a written claim is due within six months ⁶ ¹⁵.
Pennsylvania. The deadline is two years, and time before an unemancipated minor’s 18th birthday is not counted, so suit can be filed until age 20 ¹⁰.
Texas. The deadline is two years, and a person under 18 is under a legal disability that stops the clock, with no outer cap, so a child has until their 20th birthday ¹².

These tolling statutes are written for the person who was a minor when the claim arose ⁶ ¹⁰ ¹². A parent’s own claim for medical bills may not get the extra years, so waiting until the child is older carries a risk. Evidence fades too: witnesses move and the dog’s history becomes harder to prove.

Every state’s deadline and its rule for children are in the table in the dog bite statute of limitations guide.

Does a child’s dog bite settlement need court approval?

Yes, in the states covered here, a settlement of a minor’s claim is not final until a court approves it. The rule protects the child: a parent cannot sign away the claim, and an insurer cannot pay without the judge’s review.

California. A parent may settle a minor’s disputed claim, but the compromise is valid only after the superior court approves it on a petition, and the money is paid as the Probate Code directs ⁸.
Pennsylvania. No action to which a minor is a party can be settled or discontinued without court approval on the guardian’s petition. The court also approves the attorney’s fee. The court can pay up to $25,000 to a parent for the child’s benefit; larger amounts go to a guardian of the estate, a blocked bank account with no withdrawal before majority without a court order, a structured settlement, or a trust ¹¹.

Insurers paying a child’s claim expect this approval, because a release signed only by a parent may not bind the child. The dog bite settlements guide explains what insurer data show about claim amounts, and the dog bite insurance guide covers homeowners and renters coverage.

How to prevent dog bites to children

Supervision is the CDC’s first rule. It says not to let young children play with dogs without supervision, even a dog the child has met before ¹, and to never leave infants or young children alone with any dog ⁴. The CDC also says dogs with a history of aggression are inappropriate in households with children ⁴.

The CDC’s 2009 safety rules for children ⁴:

Don’t approach an unfamiliar dog. Ask an adult first.
Don’t scream around or run from a dog. Stand still, “like a tree”, if a strange dog comes near.
If knocked over, curl up. Roll into a ball and protect the head and neck with the arms.
Leave a dog alone when it is sleeping, eating or caring for puppies.
Let a dog see and sniff you before petting it.
Tell an adult right away about a bite or a dog acting strangely.

CDC’s 2003 report called for teaching all children how to respond to dogs, along with responsible ownership: training, socializing and neutering family pets ².

If your dog bit a child, see my dog bit someone for the owner’s side. To check how your state’s rule and deadline fit the facts, use the dog bite claim checker.

Questions

Can I sue if my neighbor's dog bit my child?

A claim can be brought for the child, usually by a parent acting as guardian, next friend or guardian ad litem. California also lets parents sue for an injury to their child⁷. Whether the owner is liable depends on the state's rule: in California the owner is liable for a bite in a public place or where the child was lawfully on private property⁵.

Can a child provoke a dog?

Provocation is a defense in many states, and the statutes rarely set an age limit. Texas draws a line at age eight in its dangerous-dog statute: a court may not order a dog destroyed for a serious bite to a trespasser inside its enclosure if the trespasser was at least eight, but when the person bitten was younger, that bar applies only if the enclosure was reasonably certain to keep children under eight out¹⁴.

Who keeps the money from a child's dog bite settlement?

The child does, under court supervision. Pennsylvania's rule lets the court pay up to $25,000 to a parent for the child's benefit, and otherwise directs the money into a blocked account, a structured settlement or a trust, with no withdrawal from a blocked account before the child comes of age without a court order¹¹.

Do I have to report a dog bite to my child?

The CDC says to report dog bites to your local animal control agency or police department¹. Many states also make reporting a legal duty; each state page lists its own rule.

Is a dog bite on a child's face more serious?

Medically, a doctor decides. In CDC's 2001 emergency department data, 64.9% of injuries to children under 4 were to the head or neck². Visible scarring is one of the factors that raise the value of a claim, which is why photos and medical records over time matter.

Sources

Dogs (Healthy Pets, Healthy People), Centers for Disease Control and Prevention. Checked 15 June 2026.
Nonfatal Dog Bite-Related Injuries Treated in Hospital Emergency Departments, United States, 2001 (MMWR 2003;52(26):605-610), Centers for Disease Control and Prevention. Checked 4 July 2003.
Emergency Department Visits and Inpatient Stays Involving Dog Bites, 2008 (HCUP Statistical Brief #101), Agency for Healthcare Research and Quality. Checked 1 November 2010.
Ask CDC: So Your Child Wants a Dog (podcast transcript), Centers for Disease Control and Prevention. Checked 21 April 2009.
Cal. Civ. Code § 3342, California Legislature. Checked 17 October 2026.
Cal. Code Civ. Proc. § 352, California Legislature. Checked 17 October 2026.
Cal. Code Civ. Proc. § 376, California Legislature. Checked 17 October 2026.
Cal. Prob. Code § 3500, California Legislature. Checked 17 October 2026.
Pennsylvania Dog Law, Act of Dec. 7, 1982, P.L. 784, No. 225 (3 P.S. § 459-101 et seq.), Pennsylvania General Assembly. Checked 17 October 2026.
42 Pa.C.S. § 5533 (infancy), Pennsylvania General Assembly. Checked 17 October 2026.
Pa.R.C.P. 2039, Compromise, Settlement, Discontinuance and Distribution, Pennsylvania Code and Bulletin. Checked 17 October 2026.
Tex. Civ. Prac. & Rem. Code ch. 16 (§§ 16.001, 16.003), Texas Legislature. Checked 17 October 2026.
Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974), CourtListener. Checked 17 October 2026.
Tex. Health & Safety Code ch. 822 (§ 822.003), Texas Legislature. Checked 17 October 2026.
Cal. Gov. Code § 911.2, California Legislature. Checked 17 October 2026.

Dog Bite to a Child: Injuries, Claims and Deadlines for Minors