North Carolina Dog Bite Laws

A dog attack is a frightening and painful experience, and the bite itself is only the beginning. You may need surgery to repair nerve and muscle damage. Long-term, you may left with permanent scarring, emotional trauma, and other medical complications. Not only that, but your finances may be in turmoil due to sudden medical expenses and related financial losses.

If you or a loved one was bitten by a dog in Jacksonville, North Carolina, you may be entitled to compensation. Turn to The Law Offices of John Drew Warlick, P.A. for advice.

Our law firm has successfully represented personal injury victims since 1962. We understand the devastating impact a dog attack can have on your life and will dedicate ourselves to pursuing maximum compensation for your injuries. Contact our experienced dog bite lawyers today for a free consultation.

What Are North Carolina’s Dog Bite Laws?

North Carolina dog bite laws state that the owner of a dangerous dog is strictly liable for any damage the dog inflicts on another person, any property it destroys, and any injury it causes to another animal.

A dangerous dog is legally defined as one that:

• Without provocation, has killed or severely injured another person enough to cause a broken bone, disfigurement, hospitalization, or cosmetic surgery
• Has killed or severely injured another animal when not on the owner’s property
• Has approached someone off the owner’s property in a threatening or vicious manner
• Is trained for dog fighting

There are some exceptions to these rules. If the dog bite victim was abusing or assaulting the dog or committing a crime, then the bite is not enough to make the dog dangerous under state law.

Strict liability means that you can hold the dog owner legally responsible for your damages without proving negligence first. In certain circumstances, you may need to prove a dog owner’s negligence or willful misconduct to recover compensation.

North Carolina requires any dog that bites a person to be quarantined for 10 days and checked for rabies symptoms, even if they’re already vaccinated. The dog owner and the victim must report the incident to the local health department, even if the dog bite victim chooses not to seek medical attention.

Does N.C. Use the One-Bite Rule?

North Carolina uses the one-bite rule to determine liability in some dog bite cases. Under North Carolina dog bite laws, a dog owner is not strictly liable for a bite if they did not know the dog was dangerous. If the dog has never bitten anyone or behaved aggressively, the owner may have no reason to consider it dangerous.

However, a dog that inflicts a bite resulting in lacerations, broken bones, hospitalization, or surgery becomes potentially dangerous, according to North Carolina law. If the dog bites someone again, the owner would be strictly liable for any injuries.

What Are the Legal Responsibilities of a Dangerous Dog’s Owner?

Under North Carolina’s dangerous dog law, a dog owner cannot:

• Leave the dog unrestrained and unattended on the owner’s property
• Allow the dog to leave the owner’s property except when restrained and muzzled

If the owner decides to sell or give the dog away, they must inform an animal control officer or supervising authority (Board) in writing. They must also provide written notice of the dog’s dangerous tendencies to the new owner.

If I Sue for Damages, Am I Suing the Dog’s Owner?

Many dog owners carry homeowners insurance, which would cover damages for a dog bite as a premises liability claim. In this case, you would file your dog bite claim with the insurance company. If the owner doesn’t carry homeowners insurance or the attack didn’t occur on their property, you may need to sue the dog’s owner directly to recover compensation.

Who Can Be Liable in a Dog Bite Case?

Parties that can be held liable for a dog bite include:

• The owner of a dangerous dog
• Someone who has control of the dog temporarily
• Anyone keeping a vicious dog, even if they are not legally the owner
• Anyone violating a local dog safety ordinance

Dog bite victims can recover compensation from anyone keeping a dog known to be vicious, ferocious, or dangerous. Anyone violating a local dog safety ordinance can be held liable if the dog bites someone as a result of the violation.

What Is the Statute of Limitations for Filing a Dog Bite Injury Lawsuit?

The North Carolina statute of limitations on personal injury claims allows a dog bite victim three years from the date of the attack to file a lawsuit against the liable party. You must file within this timeframe, or you may miss the opportunity to seek compensation for your injuries.

Some exceptions might shorten or lengthen the statute of limitations for a dog bite case. For example, if the dog bite victim is a child, they have three years from their 18th birthday to file suit. Claims against the government must be filed sooner, so check with a dog bite attorney promptly to learn the deadline that applies to your case.

Contact a North Carolina Dog Bite Injury Lawyer

If a dog bit you or someone you love in North Carolina, don’t try to settle your claim yourself. Turn over the legal and insurance responsibilities to an experienced attorney. Call The Law Offices of John Drew Warlick, P.A. today for a free consultation.

Visit Our North Carolina Dog Bite Injury Law Offices