Why New Jersey Families Choose David Cowhey for Their Child’s Dog Bite Case
When your child is suffering from the physical and emotional trauma of a dog attack, you need an advocate who understands the stakes. David J. Cowhey is uniquely qualified to handle pediatric dog bite cases and will fight relentlessly for your family’s recovery.
- Over 40 Years of Experience
David Cowhey has dedicated decades to personal injury law and focuses exclusively on dog bite litigation. He understands the intricacies of how these attacks impact children differently than adults.
- Certified Civil Trial Attorney
He has been certified by the Supreme Court of New Jersey as a Civil Trial Attorney, an elite designation held by less than 3% of New Jersey lawyers.
- Record-Setting Recoveries for Minors
David Cowhey is the New Jersey Dog Bite Lawyer with the most six-figure settlements in the state. He recently secured a $1 million settlement for a child dog attack case.
- One-on-One Representation
Unlike large firms that pass your file to junior associates, David Cowhey handles every case himself. When you hire him, you work directly with him.
- Always Accessible
Dog bites don’t just happen during business hours. Our office is open 24/7, and David provides his clients with immediate availability and urgent responses when dealing with aggressive insurance adjusters.
Steps to Take Immediately When Your Child Is Bitten by a Dog
The moments following a dog attack are chaotic, but taking the right steps can protect your child’s health and preserve your legal right to compensation.
- Separate and Secure: Immediately separate your child from the dog and move them to a safe location to prevent further injury.
- Seek Emergency Medical Attention: Call 911 or take your child to the emergency room immediately. Because children are shorter, bites frequently occur on the face and neck. You may want to insist that your child is evaluated by a plastic surgeon at the hospital to minimize permanent scarring and disfigurement.
- Identify the Dog and Owner: Get the name, address, and contact information of the dog’s owner, as well as their homeowner’s or renter’s insurance details.
- Report the Attack: New Jersey requires that dog bites be reported to the Local Health Department, usually within 12 to 24 hours. This is critical for ensuring the dog is quarantined and observed for rabies for 10 days, even if it has been vaccinated.
- Document Everything: Take clear, well-lit photographs of your child’s injuries, torn clothing, and the location of the attack. If there are any witnesses, collect their names and phone numbers.
- Contact a New Jersey Dog Bite Lawyer: Before speaking with the dog owner’s insurance company, contact an attorney. Insurance companies often try to push lowball settlements on vulnerable families.
For more details on the severe nature of these attacks, you can read guide to what to do in the first 24 hours after your child is attacked by a dog.
New Jersey Laws and Child Dog Bites
| Legal Concept / Statute | General New Jersey Law | Specific Application to Child Victims |
|---|---|---|
| Strict Liability (N.J.S.A. 4:19-16) | Owners are strictly liable for bites if the victim is lawfully on the property. New Jersey does not have a “one free bite” rule. | Applies fully to children. Parents do not need to prove the dog had a history of aggression or that the owner was negligent to seek compensation. |
| Statute of Limitations | A personal injury lawsuit must typically be filed within 2 years from the exact date of the dog bite. | Tolled for Minors: The 2-year legal clock is paused until the child turns 18. This means they have until their 20th birthday to file a claim. |
| Provocation & Comparative Negligence | If the victim provoked the dog (e.g., hitting or teasing), the owner’s liability may be reduced based on the victim’s percentage of fault. | It is generally very difficult to legally hold a child under the age of seven capable of negligence or intentional provocation. Older children are evaluated based on their age and understanding. |
| Trespassing Defense | The strict liability statute does not apply if the victim was unlawfully trespassing on private property when bitten. | Child Exception: If a young child wanders onto property, owners might still be held liable under general negligence (e.g., failing to secure a fence where children are known to play). |
| Parental Liability & Supervision | Third parties are rarely held liable for a dog owner’s failure to secure their own animal. | Parents are usually only held liable for contributing to the bite if their lack of supervision was considered extreme, or if they explicitly instructed the child to engage in behavior that led to the bite. |
| Damages & Compensation | Victims can recover costs for medical bills, lost wages, pain and suffering, and emotional distress. | Compensation for children heavily factors in long-term impacts, such as the need for future scar revision surgeries as the child grows, and severe emotional trauma (like cynophobia). |
Why Are Children More Likely to be a Dog Bite Victim?
Information from the Centers for Disease Control has found that 50% of dog bite victims are children. The most likely place for an attack to occur is in the child’s home.
There are several reasons that a dog will bite a child or toddler. The first is a child’s smaller size makes them a more likely target. Children may also not know what signs to watch for when an animal is stressed. Without seeing that a dog is stressed, they may unintentionally provoke an attack. Another reason dogs will attack children is because they are guarding their resources such as toys or food. A child can see toys or foods as a way to interact with the dog, or may simply want the item for themselves, and try to take it away from a dog prompting an attack. In another scenario, the movements of a toddler or child can be sudden and unpredictable to a dog. This can startle them and cause a dog to attack or bite.
It is not always stranger dogs that parents need to be wary of. 53% of children at an emergency room for dog bites were bit by a dog in their immediate or extended family. The median age of children in the study was 5. This is consistent with other studies that found that younger children may be more likely to be bit by a dog they are familiar with and older children may be bit by dogs that are unknown to them.
Why Are Injuries More Severe for Children Bitten By a Dog?
From the study above, it was found that 26% of kids need to go to the emergency room after a dog attack, but only 12% of adults. Dog bites in children often involve the head and neck area. This is the area on the body the dog will attack and is due to the smaller size of children.
Injuries to the face and neck can cause permanent, visible scarring. Parents may wish to insist their child be seen by a plastic surgeon in the emergency room. This can prevent a child from also suffering emotional stress from having scars or disfigurement for the rest of their lives.
Preventing a Dog Bite is the Best Step
The best thing parents and adults can do is to never leave a child alone with a dog. Even the family dog. Dogs were found to be less likely to attack a child if there was an adult present.
Parents can also teach children what signs to watch for when a dog will become stressed. Educate children (and yourself) on how to approach an animal you don’t know.
Can I Sue if a Dog Bit My Child in New Jersey?
It is best to speak to an attorney experienced with dog bite cases involving children. New Jersey laws recognize child victims differently than adult victims. The New Jersey Dog Bite Lawyer specializes in helping minor victims that were bit by a dog as he understands how this can impact a child far beyond the incident. Schedule your free consultation to discuss the circumstances of your dog bite claim.
