North Carolina Dog Bite Laws
Are you recovering from a dog bite in North Carolina and wondering what to do next? A lawyer from The Law Offices of John Drew Warlick, P.A., can support you. Our firm has a strong history of handling dog bite cases effectively and is here to help you demand the recovery you deserve. Contact our dog bite lawyers today for a free consultation to explore your options and take the first step toward resolving your case.
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A Closer Look at North Carolina Dog Bite Laws
Dog bite incidents can be traumatic. They can also lead to significant legal challenges for victims and dog owners. In North Carolina, specific laws govern how liability works after a dog attack. Let’s break down some of the most important aspects of North Carolina dog bite laws:
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North Carolina’s One-Bite Rule
North Carolina is one of several states that follow the so-called “one-bite” rule to determine liability in dog bite incidents. Under this rule, a dog owner cannot be liable for the first time their animal bites someone if no previous evidence suggests the dog was dangerous. In other words, if a dog has not previously bitten anyone or displayed aggressive behavior, the owner might not be responsible for injuries from the dog’s first bite. However, exceptions arise where the dog attacks when roaming at large or freely, in violation of local animal control laws, or when the dog has shown previous signs of aggression.
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Strict Liability for Owners of Dangerous Dogs
When a dog is legally deemed “dangerous” in North Carolina, the owner is strictly liable for any harm the dog causes. Strict liability means that the owner of a dangerous dog is responsible for any damage or injuries the dog inflicts, regardless of whether the owner acted negligently. If a dangerous dog injures someone, the owner must compensate them for medical expenses, lost wages, and other related losses resulting from the bite. This aspect of the law stresses that owners must take proactive steps to manage and restrain their dogs effectively.
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What Is a Dangerous Dog?
North Carolina law (N.C. Gen. Stat. § 67‑4.1) defines a dog as “dangerous” if, without any provocation, the dog has killed or inflicted serious injury on a person. Serious injuries are those that result in broken bones, significant disfigurement, or require hospital treatments such as hospitalization or cosmetic surgery. The law also defines a “dangerous dog” as one that has caused severe injury to another animal outside the owner’s property or approached a human menacingly or aggressively when not on the owner’s property. If a person has trained a dog for dog fighting, the law deems the dog to be dangerous.
Could the Person Bitten Be Partly Responsible for Their Injuries?
Yes, a person bitten by a dog might be partly responsible for their injuries in certain circumstances. For example, if a dog bit the person while trespassing on private property or if the person was teasing, tormenting, or attacking the dog, the person might be partially at fault. A dog bite victim may also bear responsibility if they were committing a crime when bitten.
Under North Carolina’s contributory negligence law, if the dog bite victim plays any role in provoking the attack, they can lose their right to claim compensation. Even minimal fault on the victim’s part can prevent them from receiving any compensation. Anyone involved in a dog bite incident should seek legal advice to clarify their rights and responsibilities under state law.
What Should Someone Do If They Have Been Bitten by a Dog?
Knowing the appropriate steps after a dog bite incident can lead to a better health outcome and help you prepare for potential legal proceedings. If a dog bites you in North Carolina, you should try your best to do the following:
- Take photos — If your condition is not immediately life-threatening, take photos of your injuries before they are treated. Photograph the location where the dog bite happened, too.
- Seek prompt medical attention — A doctor can check you for infections and document and treat your injuries. Save all medical records and bills related to treating your dog bite.
- Identify the dog that bit you — You should determine who owns the dog. Collect the contact information of the dog’s owner, including their name, address, and phone number, as well as contact information for the person who may have been merely “keeping” the dog.
- Document the circumstances leading up to the bite — Note any prior interaction with the dog. Get contact details from any witnesses.
- Report the incident to local animal control or the police — You should do so immediately. Once it is filed, request a copy of the animal control or police report.
- Consult a knowledgeable dog bite lawyer — A lawyer can protect your rights, discuss your legal options, and help you pursue maximum compensation.
What Can Someone Do to Prevent a Dog Bite?
You should know how to safely interact with dogs and recognize warning signs to avoid dog bites. Always ask for permission before approaching or petting someone else’s dog. Give dogs space when they are eating, sleeping, or caring for puppies. Avoid direct eye contact with a dog you don’t know, as they might see it as a threat. Learn to recognize when a dog is scared or agitated, such as growling, stiffening its body posture, or baring its teeth. Back away slowly if you notice these behaviors. Children should know and follow these safety tips as they are among the most vulnerable to dog bites.
Get Help from an Experienced North Carolina Dog Bite Lawyer
If you have been injured in a dog bite incident, don’t hesitate to seek legal guidance. At The Law Offices of John Drew Warlick, P.A., we have served North Carolina for three generations. We have an established track record of success in these cases, which includes a $300,000 payout we secured in a dog bite case involving a minor mauled by pit bulls. You can trust that we have the resources and knowledge to handle your case with the care and attention it deserves. As one of our satisfied clients said:
“John Drew Warlick, P.A., is a compassionate and authentically professional attorney. He has an outstanding ability to listen to ALL of my legal issues and his creativity and dedication to solving my legal concerns can be surpassed by none. He is very assertive, yet not loudly aggressive and his perseverance has eased the pain both financially and emotionally for me and my family.”
– Kimberly Johnson
To learn more and discuss the facts of your case, contact us today and receive a free consultation.
