North Carolina Dog Bite Claims: What are Your Legal Options?

Each year, millions of people in the United States are bitten by dogs, with a significant portion of these bites requiring medical attention. In North Carolina, dog bite incidents are a growing concern, with the state ranking 8th in the nation for dog bites in 2023. If you or a loved one has been injured by a dog in North Carolina, understanding your legal options is crucial. This blog post will walk you through the steps you can take to protect your rights and pursue the compensation you deserve.

Understanding North Carolina’s Dog Bite Laws

North Carolina dog bite laws can be complex, as the state follows a “one-bite rule” with some exceptions. The “one-bite rule” generally protects dog owners from liability if their dog has no known history of aggression. However, this protection diminishes if there is evidence that the owner knew or should have known about the dog’s potential for aggression.

The “One-Bite Rule” Explained

Under the one-bite rule, a dog owner is not automatically liable for injuries caused by their dog’s first bite unless they had prior knowledge that the dog was likely to bite or otherwise cause harm. In practice, this means that if a dog has never bitten anyone before and the owner had no reason to believe that the dog was dangerous, the owner may not be held liable for injuries caused by the dog’s first bite.

Exceptions to the “One-Bite Rule”

Even if it’s the dog’s first bite, you may still have a valid claim if:

The owner knew or should have known of the dog’s dangerous tendencies: If the dog has a history of aggression, such as previous aggressive behavior, growling, or attempts to bite, the owner may be liable.
The owner was negligent: If the owner failed to take reasonable steps to prevent the bite, such as failing to restrain the dog or violating local leash laws, they may be liable.
Violation of a Statute or Local Ordinance: If the dog owner violated a statute or local ordinance, such as a leash law, the injured person can recover damages under the theory of negligence per se.
The dog was running at large: If the dog was not on a leash or contained in a secure area when the bite occurred, the owner may be liable.
The dog has been declared “dangerous”: North Carolina has a strict liability statute for dog bites involving dogs that have been officially declared “dangerous” under state law. A “dangerous dog” is one that has inflicted severe injury or killed someone without provocation.

What to Do After a Dog Bite in North Carolina

If you’ve been bitten by a dog, immediate action is essential to protect your health and legal rights. Here’s a step-by-step guide:

Seek Medical Attention: Your health is the top priority. Even if the bite seems minor, see a doctor immediately. Dog bites can cause serious infections, and prompt treatment can prevent complications. Also, make sure the doctor documents your injuries.
Report the Bite: In North Carolina, any dog bite that breaks the skin must be reported to the local health department within 24 hours. This triggers a legally required 10-day rabies quarantine for the dog, which may be served at the owner’s home, an animal shelter, or a veterinary facility.
Identify the Dog and Owner: Obtain the dog owner’s name, address, and contact information. If possible, get proof of the dog’s rabies vaccination.
Gather Evidence: Take photos of your injuries, the scene where the bite occurred, and the dog (if possible). Collect contact information from any witnesses.
Contact Animal Control: Report the incident to your local animal control agency. They will investigate the bite and ensure the dog is quarantined for observation.
Consult with a Dog Bite Attorney: An experienced North Carolina dog bite attorney can evaluate your case, explain your legal options, and help you pursue the compensation you deserve.

Establishing Liability in a North Carolina Dog Bite Claim

To successfully pursue a dog bite claim in North Carolina, you must establish that the dog owner was liable for your injuries. This typically involves proving one or more of the following:

The owner knew or should have known of the dog’s dangerous propensities: This can be demonstrated through evidence of prior bites, aggressive behavior, or complaints from neighbors.
The owner was negligent in controlling the dog: This can include failing to keep the dog on a leash, allowing the dog to roam freely, or violating local ordinances.
The dog was “dangerous” under North Carolina law: If the dog has been officially declared dangerous, the owner is strictly liable for any injuries the dog causes.

Potential Compensation in a North Carolina Dog Bite Case

If you’ve been injured by a dog bite, you may be entitled to compensation for a variety of damages, including:

Medical Expenses: This includes the cost of emergency room treatment, surgery, hospitalization, physical therapy, and any ongoing medical care.
Lost Wages: If your injuries have caused you to miss work, you can recover lost income. You may also be able to recover compensation for lost future earning capacity if your injuries prevent you from returning to your previous job.
Pain and Suffering: You can recover compensation for the physical pain and emotional distress caused by the dog bite.
Property Damage: If the dog damaged your personal property, such as clothing or a bicycle, you can recover the cost of repair or replacement.
Punitive Damages: In cases of egregious negligence or willful misconduct on the part of the dog owner, you may be able to recover punitive damages.

Typical dog bite settlement amounts in North Carolina can range widely depending on the severity of the injuries:

Minor bites (bruising, surface lacerations): \$10,000–\$30,000
Moderate injuries (stitches, short-term physical therapy): \$30,000–\$70,000
Severe injuries (nerve damage, surgeries, scarring): \$100,000–\$250,000+

The Role of Negligence and “Dangerous Dog” Classifications

North Carolina operates under a modified “one-bite rule,” meaning liability isn’t automatic unless the dog is deemed “dangerous” or the owner acted negligently.

Negligence: This applies when an owner fails to exercise reasonable care in controlling their dog. Examples include violating leash laws or failing to restrain a known aggressive dog.
Dangerous Dog: Under North Carolina General Statutes Chapter 67-4.1, a “dangerous dog” is one that has: Inflicted severe injury or killed someone without provocation.

Defenses to Dog Bite Claims in North Carolina

Dog owners and their insurance companies may raise several defenses to dog bite claims in North Carolina, including:

Provocation: If you provoked the dog into biting you, the owner may not be liable.
Trespassing: If you were trespassing on the owner’s property when the bite occurred, the owner may not be liable.
Contributory Negligence: North Carolina follows a strict contributory negligence rule, which means that if you were even 1% at fault for the bite, you may be barred from recovering any compensation.

Statute of Limitations

It’s important to be aware of the statute of limitations for dog bite claims in North Carolina. You generally have three years from the date of the bite to file a personal injury lawsuit. If you fail to file a lawsuit within this timeframe, you will lose your right to sue.

Do You Need a Lawyer?

Dog bite cases can be complex, involving legal concepts like the “one-bite rule,” negligence, and contributory negligence. An experienced attorney can help you navigate these complexities and build a strong case.

How a Dog Bite Lawyer Can Help

Investigate the circumstances of the bite: An attorney can gather evidence to establish the owner’s liability, such as prior complaints, witness statements, and animal control records.
Negotiate with the insurance company: Insurance companies often try to minimize payouts in dog bite cases. An attorney can negotiate on your behalf to ensure you receive a fair settlement.
File a lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court.
Maximize your compensation: An attorney can help you identify all available damages and pursue the full amount of compensation you deserve.

Local Ordinances

Keep in mind that local city and county ordinances may impose additional requirements on dog owners. For example, some localities have breed-specific legislation or require dogs to be leashed at all times when off the owner’s property.

Conclusion

If you’ve been bitten by a dog in North Carolina, it’s essential to understand your legal options. By taking prompt action, gathering evidence, and consulting with an experienced attorney, you can protect your rights and pursue the compensation you deserve. Don’t hesitate to seek legal guidance to navigate the complexities of North Carolina dog bite laws and ensure the best possible outcome for your case.