Dog bites are not trifling injuries. The wounds a dog leaves are deep and the potential for both serious injury (artery or tendon/ligament damage) and infection is high. Often, because of the depth of a bite-wound, the treating doctor will recommend leaving the wound "open" as opposed to stitching it closed. With daily irrigation and cleaning, the risk of infection is lessened. Of course, leaving the wound open increases the likelihood and the extent of scarring.

As I have suggested in past columns, a major concern in personal injury cases is knowing if a defendant can pay off on a settlement or jury award. In a car wreck, there is usually auto insurance available. Homeowner’s insurance will often be in play in dog bite cases. Regrettably, if there is no homeowner’s insurance, it may not make economic sense to file suit against the owner.

Opposed to many other situations, I cannot pinpoint the exact legal reason but it has actually become easier and easier to sue a dog owner for the animal’s attack of someone like your daughter. First, there is the traditional "one-free bite" rule. Essentially, the owner is not liable for the first bite unless the pet is classified as a "dangerous" and/or exotic. Thereafter, however, having been put on notice of the animal’s dangerous tendencies, the owner WILL be liable.

It is important, therefore, to know the history of a particular animal, to determine if the owner is liable for an attack. Has a dog bitten someone else before? Has it mauled another animal? Is it a violent breed? Has anyone in the neighborhood complained to the owner about the dog being aggressive to neighborhood pedestrians?

In addition to this traditional rule, the law has evolved and focused on the owner’s negligence in connection with the training and ownership of a pet. Some of this comes from local ordinances. Many cities and counties have local ordinances requiring the leashing or penning of pets; sadly, some rural communities have no such rules. Or, they may bar the ownership of certain types of animals. When a dog is running loose and attacks a child walking in the neighborhood, like your daughter, the violation of these ordinances can be a basis for liability - even if the pet has not attacked before.

Given all of these variables, I strongly suggest you consult with an attorney. Your daughter’s case may have some value and an attorney can explain to you the nuances of a dog bite case. I hope your daughter will fully recover and I especially hope that she can move on from the incident and overcome any resulting fears of dogs.