Millions of people are bitten by dogs in the U.S. each year, and nearly 1,000 are treated in emergency departments every day. While specific breeds of dogs are known to be aggressive, and some have histories that make them potentially dangerous, even the friendliest of dogs can bite someone.
Unfortunately, many victims of dog bites in North Carolina are unaware of their legal rights and struggle because they don’t get the financial support they’re entitled to. The main reasons for this are a lack of understanding surrounding the one-bite rule and the scenarios in which you can hold a dog owner liable, even when it’s their first bite.
North Carolina is one of 18 states with a one-bite dog rule. A lot of people tend to think of this as meaning that every dog gets a “free bite,” and that owners aren’t responsible for injuries or other damages that first time. This is true in many cases; if a dog bites someone but hasn’t previously been aggressive or bitten anyone, the owner may not be liable. But in some cases, the one-bite rule doesn’t bar the owner from liability, and a claim should be filed.
In fact, there are enough scenarios that a dog owner may be liable for injuries under strict liability, negligence, or negligence per se. Victims should seek the advice of a North Carolina dog bite attorney to avoid unnecessary financial, physical, and emotional suffering.
Exceptions to the One-Bite Rule, Other Relevant Laws
While North Carolina dog owners are sometimes protected from liability under the one-bite rule, that’s not always the case. If the dog has bitten someone before, it doesn’t apply. But there are other factors, like state, county, and city ordinances that affect claims of this kind, which is why you should know when to contact a North Carolina dog bite attorney.
If there was a history of aggression, and the owner did nothing to prevent the dog from inflicting harm, they may be negligent, and therefore, liable. This may be the case if they should have known their dog could be dangerous but didn’t act reasonably.
Strict liability applies when a dog is considered dangerous according to North Carolina General Statute § 67-4.4. Owners may be held responsible when their unprovoked dog inflicts a bite that causes broken bones or disfiguring lacerations, or the victim requires cosmetic surgery or hospitalization. The same goes for if the dog severely injured or killed a domestic animal before or if they approached someone in a vicious or terrorizing manner while not on the owner’s property. The statute for what’s considered a dangerous dog also includes those trained for, or owned primarily or in part for, dog fighting.
Another example of when an owner could be liable for a dog bite is if it occurs when the dog is running at large – meaning, they were out without the owner or someone known to the animal. Negligence per se may apply if the owner violated the city’s leash laws or another animal control law.
There are clear exceptions and complexities surrounding the North Carolina one-bite rule and laws that affect when a dog owner may be liable. Far too often, victims don’t fully understand their legal rights. But knowing the steps to take after a North Carolina dog bite, including consulting with an attorney, can ensure you’re protected from unnecessary hardships.
Why Hire a North Carolina Dog Bite Attorney
The impact of a dog bite extends well beyond physical injuries. As North Carolina dog bite attorneys, we’ve seen firsthand how a dog attack can cause emotional trauma, permanent disfigurement, and financial struggles. Coupled with the physical pain, victims may experience a range of both short- and long-term health issues, including psychological trauma like post-traumatic stress disorder, anxiety, and nightmares.
Some insurance companies do not cover dog bite claims for certain breeds, and other insurance carriers try to pay as little as possible when a claim is filed. They frequently push victims to accept a quick settlement that’s far below the true value of what they’re owed. It’s common for insurers to try to place blame on the victim to get out of paying based on contributory negligence law. But if you were bitten by a dog and the owner is liable, you deserve compensation that reflects the immediate and future costs of medical treatments, surgeries, and care, loss of income, pain and suffering, and other dog bite damages.
At the Whitley Law Firm, our North Carolina personal injury attorneys have extensive experience representing and advocating for victims of dog bites. We know the ins and outs of the one-bite rule and other relevant laws that help ensure our clients are properly compensated for their injuries. Call us at (919) 785-5000 or contact us online to schedule a free dog bite case evaluation.
The Whitley Law Firm is a family affair—in all the ways that matter. Partner Ben Whitley works with his father and brother to create a formidable force when representing clients. After all, helping injured individuals—people who have the deck stacked against them when fighting corporations—is why the Whitleys got into the business in the first place.
