Dogs are the most popular pet in American households. There are an estimated 89 million dogs in the United States, with more than 65 million households owning at least one dog. With so many dogs, it is easy to understand that dog bite injuries are somewhat common occurrences. Dog bite injuries are among the most painful and can be extremely serious. If you or a loved one is the victim of a dog bite, you know that there is often a long road to physical and emotional recovery.
What Are the Leash Laws?
Charlotte leash laws require dogs and all other pets except cats to be on a leash or under physical restraint at all times when they are in public areas. This applies to parks, neighborhoods, and any other public place. Dogs need to be under physical control, meaning that even if a dog is wearing a leash, it may still not be considered under control in some cases. Those who violate the law may be subject to fines, which are enforced by the Charlotte-Mecklenburg Police Department (CMPD) and Animal Care and Control.
Is the Dog Owner Responsible if Their Dog Bites Someone?
Generally, a dog owner may be liable for any harm caused by a dog bite if they were negligent. For instance, if a dog owner failed to have control over their dog and it bit someone, they are likely responsible for any damages caused. Damages may include current and future medical costs, pain and suffering, and more. The victim would need to prove that the owner was negligent in order to collect compensation.
What Dogs are Considered Dangerous?
North Carolina law states that a dog is dangerous if it inflicted severe injury or death to someone without provocation, or has been designated as dangerous, or has been used for fighting. A dog may also be deemed potentially dangerous if it has previously bitten someone or caused harm in the past. Charlotte does not have a specific list of dangerous breed dogs. However, insurance companies often have certain dog breeds that they consider to be potentially dangerous and therefore, are not covered under their policies.
Some of the breeds that often appear on dangerous breed lists of insurance providers include pit bulls, rottweilers, Doberman pinchers, and German shepherds. Also included are usually wolf hybrids. If you own a designated dangerous breed, you may be on notice that the dog could cause potential harm to others. A dog bite may be covered by insurance unless the insurance policy specifically precludes coverage.
What is the One Bite Rule in North Carolina?
The one-bite rule means that a dog owner may not be held responsible for the first time their dog bites someone. This rule applies if the owner was not aware that their dog was dangerous or when the dog had no previous signs of aggressive behavior. If the owner had knowledge that the dog was dangerous, the rule does not apply. However, this is not an absolute defense, and if the dog was not under the owner’s control, charges or claims may still apply.
How Long Do I Have to File a Claim?
In North Carolina, the statute of limitations to file a dog bite claim is three years from the date of the injury. However, you will not want to wait that long to file a claim. The sooner you bring a case, the better, because it will be easier to gather the evidence and proof necessary to win your claim. An experienced personal injury attorney will assist you in seeking the compensation you deserve for your injuries.
If you were injured due to a dog bite, do not wait. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to discuss the injuries with our legal team.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_67/GS_67-4.1.html
https://www.charlotteobserver.com/news/local/know-your-704/article271570657.html
Image Credit:
https://www.freeimages.com/photo/nansen-the-dog-1560665
See Our Related Video from our YouTube channel:
https://www.youtube.com/user/ArnoldSmithPLLC/videos
See Our Related Blog Posts:
Dog Bite Injuries in North Carolina