Under Alabama law, a child generally cannot sue his or her parent in tort (e.g., a claim for negligence).
The exception to this rule is when a parent sexually abuses his or her child.
As a result, if a child is attacked by a dog owned or harbored by a parent, the child’s claim against the parent is bared pursuant to Alabama’s parental immunity laws.
Unfortunately, many dog attacks are caused by a dog owned or harbored by a child’s parent.
Fob James Law Firm evaluates many dog bite cases where a child is attacked by a dog while visiting a parent pursuant to a custody or visitation right’s agreement. Perhaps this is the case because the dog is not accustomed to the child and does not view the child as a member of the “pack”.
In this scenario the child has no claim against his or her parent so it is important to investigate the claim to determine if another party could be held legally liable (e.g., grandparent, landlord, dog sitter, another resident or owner of the home in which the dog attack occurred).
If your child has been attacked by a dog, contact the dog bite lawyers at Fob James Law Firm for a free consultation.