$350,000: Young Child Attacked and Injured By Neighbor’s Dog
CASE DESCRIPTION: Upon the invitation to come and use their neighbor’s pool, the L. family went to their neighbors house. The L’s young son was attacked by the neighbors dog in front of his young sister.
RESULT: $350,000.00 total settlement
A family was invited to use a neighbor’s pool when their young son was suddenly attacked by the neighbor’s Golden Retriever, suffering severe bites to his face and head in front of his younger sister. The child was rushed to the hospital and underwent multiple surgeries to repair extensive facial injuries, including damage to his eyelids, cheek, and neck, with additional procedures required over time. The traumatic incident also left lasting emotional effects, including distress over his appearance and the need for psychological support.
The plaintiffs argued that strict liability applied under the dog bite statute because they had an open invitation to be on the property, while the defense claimed the statute did not apply since the homeowners were not present and the invitation came from their minor daughter. The defense also argued the dog had no history of aggression and was properly confined to the backyard. Despite these arguments, the case resulted in a $350,000 settlement for the injuries and emotional harm suffered.
Doe 2 minor claimed a negligent infliction of emotional distress (Dillion v. Legg) based on their observance of attack.
PLAINTIFF’S AGE: a minor child.
OCCUPATION: N/A
PLAINTIFFS’ ATTORNEY:
Darren O. Aitken
AITKEN * AITKEN * COHN
For Plaintiff – Wayne & Elizabeth L., individually and as Guardian Ad Litem of Doe 1 a minor, and Doe 2 a minor
DEFENDANTS’ ATTORNEY:
Ted Endres
LAW OFFICES OF WILLIAM C. COLE
For Defendants – Bruce & Linda T.