Child Dog Bite
Neighbor’s Dog Bites a Toddler in Central Maryland: How a Low First Offer Was Overcome
Watch: How this case was handled.
Neighbor’s Dog Bit My Child. What Happens Now? | Maryland — Pinder Plotkin Legal Team on YouTube.
If a neighbor’s dog bites your child in Maryland, the claim is usually paid by the owner’s homeowner’s insurance, not out of your neighbor’s pocket. Our client, a toddler, was on a neighborhood walk in suburban Central Maryland when a neighbor’s dog broke free of its leash and bit her on the face and stomach. Her parents wanted a fair result without a trial, but the insurer’s first offer was too low. Our time-limited demand brought more coverage to light, and after we filed suit, her claim settled for six figures at an early mediation, before any discovery. Part of her recovery was set up as a structured settlement, so it pays out over time to protect her future. If your child was bitten by a dog, call us at (888) 844-5373.
Case at a glance
- Practice area
- Child dog bite (homeowner’s insurance claim)
- Region
- Suburban Central Maryland
- The challenge
- A low first offer, coverage the insurer hadn’t disclosed, and scarring near a toddler’s eye
- How it resolved
- Settled at mediation after suit was filed, before discovery
- Time to resolution
- About 16 months
- Result
- Settled (six figures). Amount not shared to protect our client’s privacy.Every case is different. Our past results are no assurance that we will reach a favorable result in any future case.
What happened?
Our client, a toddler, was on a neighborhood walk with one of her parents. A neighbor was nearby with two dogs on leashes. One dog broke free, charged the little girl, knocked her down, and bit her several times.
Her parent pulled the dog off, and her other parent carried her to safety. Someone called 911, paramedics came, and animal control investigated.
Afterward, the owner told the family the dog had charged at people and animals before. The family had seen it get loose before, too. In Maryland, evidence that an owner knew a dog had charged at people before can matter a great deal in a dog bite claim.
Her parents brought her case to us about four weeks after the attack. The owner’s insurer accepted liability early.
What injuries did our client suffer?
The toddler had cuts to her face, including her nose and the area just below her eye, and puncture wounds to her stomach. She also had scrapes on her arms, face, and mouth. Her nose needed stitches. Her eye was swollen shut for several days.
Because the bites were close to her eye, a children’s eye doctor checked her. A CT scan was done at the first hospital.
She had no prior injuries or claims.
Scarring was the lasting injury. The bites left scars on her nose and stomach. Over the next year, her parents saw the scars fade a great deal, though some marks remain. No future surgery was recommended.
She had no lasting functional problems from the bites. No impairment rating was given, which is common when the main injury is scarring. For a young child, the question is what the scars and the memory of the attack will mean as she grows.
What treatment did our client need?
Paramedics treated her at the scene. From there, her care went like this:
A community hospital ER, where a CT scan was done
A children’s hospital ER, where a pediatric plastic surgeon closed her wounds
A children’s eye doctor, because of the bites near her eye
Her active treatment lasted about three weeks and about six provider visits. She had no surgery beyond the stitches. At home, her parents did wound care twice a day and gave her antibiotics.
The family’s health insurance paid most of the bills. The owner’s homeowner’s policy also had a medical payments benefit that paid some provider balances. We told the parents to pay small bills as they came and keep the receipts.
The practical takeaway: Keep every receipt, from co-pays to scar cream. Those costs can be part of your child’s claim.
- Pediatrician follow-up
- A plastic surgery visit to remove her stitches
- Scar care at home
How did the injuries affect our client’s life and work?
For a toddler, the hardest part was the first few weeks. Her stomach wound hurt, and she guarded it for weeks. Her face was swollen and one eye stayed shut for days.
Afterward, she was cautious around dogs she didn’t know, though she stayed comfortable with dogs she knew. Her scars faded over time, and her parents kept photos to track how they changed.
Her parents watched closely as she healed, and they still keep an eye on her around dogs. The family also kept living next door to the dog’s owners, which made every walk past their house harder.
There were out-of-pocket costs as well, including scar treatment products. No lost wages were claimed.
In Maryland, an injured person can generally seek medical expenses, lost earnings, and non-economic damages such as pain, suffering, and disfigurement. For a young child, scarring and fear are often the center of the claim.
What made this case difficult?
The goal was clear: get a fair result for her without putting her family through discovery or a trial. Several problems stood in the way.
A low first offer. The insurer valued her claim well below what her injuries and scarring justified.
Coverage that wasn’t disclosed at first. The insurer initially pointed to less coverage than was really available.
Good healing. Her scars faded well, which the defense could use to argue her claim was worth less.
Standard defenses. Once suit was filed, the owners denied responsibility. Defendants in Maryland often raise contributory negligence, which can bar recovery for anyone found even slightly at fault, so every fact had to be documented.
None of this changed what happened to her. It meant her claim had to be built carefully, and on the family’s terms.
How did we handle it?
Opened her claim. We confirmed early that the insurer accepted liability.
Built the full record. We gathered paramedic reports, both hospital records, the eye and plastic surgery records, animal control’s findings, and the family’s own diary and timeline of her healing.
Proved the owner knew. The owner’s own statements that the dog had charged before became a key part of the claim.
Sent a detailed demand documenting her injuries, her scarring, and how she healed.
Sent a time-limited demand. We warned the insurer that its insureds could be personally exposed above their coverage. Right before the deadline, the insurer found additional coverage it hadn’t disclosed and asked for more time.
Filed suit when the offer stayed too low. We filed in Circuit Court to force the insurance company to take the claim seriously.
Kept the family informed. We called the parents at each step, explained every development in plain terms, and made sure each decision stayed theirs.
Went to early mediation with a full damages package for her, and set up part of her recovery as a structured settlement.
The turning point was the time-limited demand. It brought more coverage to light. Filing suit then got the insurer to the table, where her claim was resolved on the family’s terms.
What was the result?
Her claim settled for six figures at mediation, before any discovery, and the case was then dismissed for good. Part of her recovery was set up as a structured settlement, which pays out over time instead of all at once. To protect our client’s privacy, we don’t share the amount. No one in the family had to sit for a deposition or go to trial.
Every case is different. Our past results are no assurance that we will reach a favorable result in any future case.
What this means if you’re in a similar situation
A dog bite claim against a neighbor is usually paid by the neighbor’s homeowner’s insurance. It doesn’t have to become a personal fight.
Write down what the owner tells you about the dog’s past. Prior aggression can be key evidence.
Ask whether there’s more than one policy. The first coverage an insurer mentions may not be all there is.
For a child, ask about a structured settlement. It can protect part of the recovery until your child is older.
Who pays the medical bills while the claim is pending?
Usually your health insurance, and sometimes a medical payments benefit on the owner’s policy. If your health insurance pays for bite-related care, it generally has the right to be repaid from the settlement, and your lawyer will work with you on that. Keep receipts for anything you pay yourself.
Frequently asked questions
Our neighbor’s dog bit our toddler. Will we have to sue our neighbors personally?
Usually the claim is paid by the neighbor’s homeowner’s insurance, not out of their pocket. If a lawsuit is needed, it names the owners, but their insurer typically defends them and pays any settlement. In this case, suit was filed, and the claim resolved through the owners’ coverage at mediation.
How is a young child’s scarring valued?
There’s no set formula. Insurers look at where the scars are, how visible they are, how they change as the child grows, and how the child copes afterward. Photos taken throughout healing help show the full picture. Here, her scars faded well, which the defense used to argue for less, so we documented her whole recovery.
Does it matter that the owner knew the dog had acted out before?
It can matter a great deal. In Maryland, evidence that an owner knew a dog had charged at or attacked people before can strengthen a dog bite claim. Here, the owner’s own statements about the dog’s past became a key part of the case. Write down anything an owner tells you about their dog.
Do we have to go through discovery or a trial?
Not always. Filing a lawsuit can restart stalled talks without leading to a trial. Her parents told us they didn’t want discovery or a trial. We filed suit, pushed for early mediation, and the case settled before any discovery took place. Your lawyer should respect your limits and explain the trade-offs.
Related reading
Talk to a Maryland attorney about your own case
The consultation is free, and there is no fee unless we win. Every case is different, and past results are no promise about yours.
To protect our client’s privacy, names, dates, locations and other identifying details have been changed or left out. This page describes one case and is not legal advice about your situation. If you have been hurt, talk with a licensed Maryland attorney.
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