Picture your child is playing in a Wilmington park when a hired dog walker loses grip on the leash. The dog lunges and bites your child before anyone can react. In that frightening moment, one question fills your mind: who is responsible? Knowing the answer starts with understanding what Delaware law says about dog bite cases.
What you can claim after a dog bite
When a dog bite sends your child to the emergency room, the costs add up fast. Delaware dog bite claims generally fall into the following two categories:
- Economic damages: These cover measurable financial losses, including emergency room visits, surgeries, medication, physical therapy and any income you lose while caring for your child at home.
- Non-economic damages: These cover losses that are harder to measure, such as your child’s pain, emotional distress, anxiety around dogs and any permanent scarring caused by the bite.
Both types of damages can strengthen your claim. Now that you know what you can pursue, the next step is understanding who is legally responsible for covering those costs.
How the dog owner can be held liable
Even if the dog owner was not at the park that day, Delaware law can still point directly back to them. Here is how:
- Automatic liability under Delaware law: The dog owner is legally responsible for any injury their dog inflicts, regardless of where the owner was when the incident occurred.
- No proof of negligence required: You are not required to demonstrate that the owner acted carelessly or knew their dog was dangerous. The law places responsibility on them automatically.
These two points give you a strong starting point for your claim. However, the dog owner may not be the only party responsible for your child’s injuries.
When the dog walkers shares responsibility
In some cases, the dog walker who lost control can also share legal responsibility. Here is how:
- Failure to maintain control: When a walker takes on the job of handling a dog, they accept a duty of care to the public. If they were texting, using a faulty leash or handling too many dogs at once, their carelessness can make them negligent.
- Violation of local leash laws: Delaware law requires dogs to stay under reasonable control in public. If the walker broke that rule, the law can treat them as negligent per se, meaning breaking the law alone is enough to establish negligence.
This means you may have claims against both the owner and the walker at the same time.
Understanding who pays for your child’s injuries
Now that you know both parties can share responsibility, the focus shifts to who covers your child’s medical bills. Start by documenting the scene, collecting contact information from both parties and seeking medical care for your child right away. Sorting through those claims can get complicated, but having someone who understands Delaware dog bite law in your corner can take that burden off your plate, so you can focus on what matters most: helping your child heal.