What the Law in North Carolina Says about Dog Bites
The legal framework for dog bites in North Carolina is notably complex. The "one bite" rule is one of the most common misconceptions people have about dog bite liability in North Carolina. The "one bite" rule allows dog owners to escape liability for the injuries caused by dog bites not only the first time. In North Carolina, this rule appears to be limited to the commercial pet industry and landlords renting space for pet use; it does not generally apply to dog owners and their dogs interacting with friends or strangers at home or on the street. Even if the dog has never bitten anyone and has never shown aggression toward people, the owner is still liable for a dog bite. This is because North Carolina law demands that every dog owner takes responsibility for the actions of their dog.
Specifically, N.C. Gen. Stat. §67-4.2, also called the "Dog Liability Statute," states that "any person owning or harboring a dog which without provocation attacks and injures a person who is acting peaceably in any place where he may lawfully be shall be strictly liable for all damages suffered . " Simply put, the law puts the burden of proof on the dog owner. The person who is bitten by the dog or is its victim cannot be held responsible, even if there is no leash law or dog-control law in the area.
The law further states that the victim must be acting lawfully in the place he or she is harmed. In other words, the victim must not be trespassing, using obscene language or otherwise violating city ordinances intended to restrict certain behaviors. However, the victim does not have to prove the owner acted negligent. Under N.C. Gen. Stat. § 67-4.2., "proving negligence" means proving the dog had previously bitten or attacked someone.
However, if the dog has previously bitten or attacked someone, the dog owner may be liable for both the prior victim’s injuries and the injuries of the current victim. The liability can be severe because this statute also allows courts to impound seized dogs instead of returning them to their owners.
If the relevant court finds the dog owner guilty of violating a rabies vaccination law or the dog owner intentionally made the dog fight with another animal, the owner could be guilty of a Class 1 misdemeanor.
Who Is Responsible for a Dog Bite?
In the state of North Carolina, the responsibility for dog bite injuries can vary based on several factors, such as the breed of the animal, the actions of the victim, and previous knowledge of the dog by the defendant. Traditionally, it is commonly believed that North Carolina has a "one-free-bite" rule, however, that is not entirely accurate. With either "one-free-bite" or negligence in mind, consider the following:
Strict Liability
In North Carolina strict liability applies to some dog bite cases. The state legislature has made it clear that some dogs are designated inherently dangerous, specifically breeds with a propensity to be fierce, vicious, and aggressive. If a person is bit by a defined dangerous dog that is unconfined or uncontrolled, strict liability applies. Note that strict liability only applies when an injury occurs due to a dog bite. If a dog causes another kind of injury, negligence may apply rather than strict liability.
Negligence
If a dog owner is not aware that his or her dog might be dangerous or threatening, then negligence applies in North Carolina. If the owner does not display responsible ownership of the animal, he or she may be found negligent if the dog bite caused an injury. If the owner knew that the dog was dangerous and did not take proper precautions to prevent it from causing injury to bystanders and guests, the owner may be found negligent in the event of a dog bite. The courtroom burden of proof remains with the plaintiff and only after damages are established does the burden of proof shift to the defendant to prove that the animal owner was not negligent.
What to Do After a Dog Bite
Regardless of the breed, dogs are always capable of attacking if provoked. Nearly 1,000 people in North Carolina suffer from dog bites each year and need immediate medical attention. Animal bites can lead to psychological trauma and permanent physical and emotional scarring. If you or someone you know has been injured by a pet, it is important to follow these steps: The most commonly reported injuries include punctures, scratches, bruises, cuts and lacerations of the face, neck, arms and legs. Make sure to seek medical attention immediately following the incident. If the offending dog is someone’s pet, make sure to get as much information from the owner as possible. This includes obtaining the dog owner’s name, address, phone number, insurance information and proof of vaccination. Always try to identify the dog and get its register number if it has one. This step is crucial to preventing future attacks on other people. Photograph the scene of the incident as well as the injuries that have occurred. Take as many pictures and videos as possible, and record statements from any witnesses who may be present. Request copies of all reports that police or animal control files regarding the dog bite. If the dog bite resulted in an injury, the victim should contact the insurance company of the dog owner or the property owner to pursue an injury claim and to seek to settle the claim. If you decide to file a personal injury lawsuit against the pet owner, you must do so prior to the statute of limitations running out for filing a personal injury claim. In general, this must take place within three years of the date of injury. If you file a dog bite lawsuit against a city or county, the statute of limitations may be shorter than that. In some cases, an injury may not appear on a dog bite victim until days or even weeks after the incident. An example of this is a rabies infection. Rabies causes an infection of the brain, which will be followed by symptoms such as: It is important to report any updates regarding your medical condition to your local animal control agency. Consult with a personal injury lawyer that is experienced with dog bite cases to determine the merits for your case.
Possible Defenses for a Dog Owner
Beyond the victim’s failure to act in a safe and reasonable manner, which is discussed above, there are several other potential defenses to dog bite lawsuits which are regularly raised by dog owners as follows: provocation by the victim, trespassing by the victim or a defense known as assumption of risk.
Provocation is a common claim by dog owners. A common example is a child who pushes a dog away when holding a hot dog and gets bitten.
Another form of provocation is where a person is teasing or provoking the dog in an effort to get it to bite them for any number of reasons. The problem with this type of claim is that dog owners are not permitted to set a "trap" to have their dog bite someone. There are numerous cases throughout the country which have ruled that where the dog owner has set up a trap to have their dog bite someone, the owner is held responsible for the injuries sustained. Another situation which would fall into this category is where the dog owner is aware that their dog has a propensity to bite people or animals but has neglected to take some steps to prevent such behavior and "sets up" or encourages someone to attempt to get the dog to bite.
Another common claim is that the person was on the dog owner’s property where they had no right to be (which would also be known as trespassing). This defense is common for those who have had drunken parties and caused trouble for their neighbor’s dogs or just about anything else you can think of. To the extent the trespass was responsible for the injury, the dog owner may not be held responsible. That doesn’t mean that the trespasser could not be held liable for damages to the dog or to the property.
Assumption of risk is another defense frequently raised by the dog owner. What this means is "you assume the risks" by engaging in some activity. For example, visiting a facility such as a pet store, groomers or boarding facility where dogs roam free means that you assume the risks associated with that purposely created condition of the potential for dog bites. Under those circumstances, the pet store owner may not be held responsible for the injury.
Just as important as the defenses to the dog owner, the North Carolina dog bite laws are not limited to those discussed above and in all likelihood, there are other potential defenses that will be raised by a dog owner.
However, the important point to remember if you or your child has been bitten by a dog is that in order to pursue a lawsuit against the dog owner you must establish some wrongdoing on the part of the dog owner. It is either where the dog owner knew or should have known that their dog was prone to biting and failed to do anything about it or where the dog owner knew or should have known that some condition on their property was dangerous or in some way allowed the dog to bite a person or animal like a child.
To make the matter more complicated, the dog owner does not even have to be aware that the dog is a danger, but should have taken steps to prevent that danger.
What a Dog Bite Victim Can Expect for Compensation
Compensation for North Carolina Dog Bite Victims
If you are bitten by another’s dog, you may be able to recover for your medical expenses, lost wages, and pain and suffering. Medical expenses are usually the most obvious type of recoverable damages, as they can be specifically quantified with your medical bills. Lost wages can be a little more complicated due to the potential workers’ compensation implications.
You will be entitled to compensation for those medical expenses which are incurred in the future as well, as long as you can prove the amount needed by the "more likely than not" standard. Such medical expenses often include specialized treatment for lacerations or puncture wounds, physical therapy , and pain medications. Long-term mental health treatment may also be recoverable in some cases.
Lost wages are the most common form of damages claimed in North Carolina dog bite cases, since many people injured by dog bites require time off work to recover. Salon owners, groomers, and other professionals who regularly deal with potentially dangerous animals must obtain insurance to cover these types of injuries. Clients themselves may have difficulty seeking compensation from some uninsured owners.
Pain and suffering is usually the hardest to prove. Your attorney may rely on witness testimony, as well as other damages such as scarring or physical limitations resulting from the attack, to help a jury determine the amount of damages to award you.
How to Prevent Dog Bites
Preventing dog bites ultimately falls on both owners and the public. Everyone should be aware of how to safely interact with dogs, whether you own one or not. Responsible pet ownership can also help reduce these incidents.
In an ideal world, everyone would have a secure yard to contain their dogs, but this isn’t usually an option. Homeowners must ensure they keep their yard and fences in good repair. Gates should be closed, so your pet doesn’t get out and potentially harm someone. If you have a swimming pool, children and other guests could leave the gate ajar. Your dog may go for a swim, trying to get out by swimming to the fence. The fence could be slippery from chlorine and your dog slides and possibly hurts someone who is nearby.
Taking spot checks of your yard is recommended to prevent these issues. Be sure there’s no hole under the fence and the gate is closed. Dogs in fierce (and just warning) play may bark or growl and run into people and other pets. Most people realize this is play, but some may think the dogs are fighting and jump in.
If you and your pet are in an area with other dogs, keep an eye on your animal. Watch for potential dangers or people who may interrupt play. Have an alternate route to move your pet so you can avoid another animal or people who don’t realize that dogs are just playing a game.
If you have a dog and young children, teach the children how to be safe around the animal. Do this early and often so it becomes a habit and they don’t rush up to the dog and try to pick it up. They should also know they are not to interrupt if the dog is eating or sleeping. This way, the risk of a bite incident is reduced.
Make sure all members of the household – including babysitters and other caregivers – know the basic rules to follow. Also teach the dog what it cannot do, so it learns not to be aggressive towards the children.
If a dog is punishable under state law through a bite incident, its owner may have to pay the injured person’s medical bills. However, it is usually up to the owner to cover other expenses related to the incident, including pain and suffering. While the dog’s owner could be honest and offer to pay those costs, injured people may have to deal with large insurance companies who don’t always do the right thing.
How to Find Legal Assistance in North Carolina
If you or someone you love has been injured due to a dog bite, you need to find the right legal assistance as soon as possible. For starters, look for an attorney who specializes in handling dog bite cases. This person needs to have a record of adequate legal knowledge, trial experience, and a good track record of obtaining compensation for their clients. Ask whether or not they have handled cases similar to yours. If your injury is serious, make sure they have experience with the larger and more complex cases. After all, insurance companies have deep pockets, and you want an attorney who knows how to go toe-to-toe with them. As for legal fees, dog bite attorneys usually work on a contingency fee basis . This means that they receive a percentage of the money they recover on behalf of their client. In the event you do not win your case, you will not have to pay them anything. There is no risk of losing money, so there is every incentive to pursue their claim vigorously. The amount of the contingency fee is generally 33% for cases in which the attorney does not have to file a lawsuit. If they need to do more work and file suit, then the fee is often a little higher. Some attorneys charge for expenses and other costs related to litigating the case, but others do not. Be sure to let them explain their fee structure to you clearly. If the fee agreement seems to be confusing in anyway, don’t hesitate to ask for clarification.