Charlotte Injury Lawyers Blog
How Do I Get Compensated for a Dog Bite Injury?
Dogs are the most popular kind of pet in the country. The American Veterinary Medical Association (AVMA) estimates that there are almost 90 million dogs in the United States. Up to 68% of American households own at least one dog. While dogs are more popular than ever, they can also be dangerous. Dog bites can be extremely serious and painful, and in some instances, fatal. If you or a loved one has suffered a dog bite injury, you may wonder whether you can seek compensation for your damages.
Laws That Apply to Dog Owners
Dog owners may be held responsible if their dog bites someone, depending on the circumstances. North Carolina General Statute 67-4.4 states that an owner is strictly liable for “injuries inflicted by a dangerous dog”. A dangerous dog is defined as a dog that has previously seriously injured or killed a person without being provoked. Severe injuries are those that result in broken bones or lacerations and those requiring hospitalization or cosmetic surgery. The prior incident must not have occurred on the owner’s property.
North Carolina General Statute 67-12 states that a dog owner may be responsible for injuries that occur when their dog is running at large at night, so long as that dog is older than 6 months. This means that an owner may be accountable if their dog is loose and off-leash. Further, local ordinances also generally ban dogs from being in public without a leash. If a dog owner is in violation of a leash law, they could be held liable if their dog bites someone.
What is the One-Bite Rule?
The “one bite” rule in North Carolina is a law that may apply to a dog owner when their dog has no previous history of aggressive behavior. In some instances, a dog owner did not know that their dog was potentially dangerous because they never had any prior incidents. However, the one-bite rule has some exceptions. If the owner knew, or should have known, that his dog was dangerous, they could be liable, even for a first bite. For instance, when an owner knows that their dog has demonstrated aggressive behavior, even if the dog has not bitten anyone, they could be liable for an injury.
Contributory Negligence
A dog owner may be held liable for a dog bite if they were negligent. For example, if they allowed their dog to be off-leash, they were not in control of their pet and could be responsible if their dog bites someone. It is important to note that North Carolina has a strict contributory negligence law. A person may only collect damages in a personal injury claim as long as they themselves were not at all negligent. You could be found partially negligent, for instance, if you trespassed onto someone’s property or if you provoked the dog.
If you were injured by a dog bite, you may be owed compensation for your damages. Many times, a dog owner’s homeowner’s insurance covers dog bites. Seek immediate medical treatment and speak with an experienced personal injury attorney as soon as possible. To learn more, call us today at Arnold & Smith, PLLC, at (704) 370-2828 to request a consultation.
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_67-4.4.html
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