https://www.mondaq.com/unitedstates/professional-negligence/1490246/do-i-need-a-lawyer-when-a-dog-attacks-me
Pets are a valued part of our society. However, sometimes, owners or keepers of pets create dangerous situations for both their pets and others. United States Litigation, Mediation & Arbitration Photo of Taylor Rodney Marks Photo of Jeremy M. Wilson AUTHORS Pets are a valued part of our society. However, sometimes, owners or keepers of pets create dangerous situations for both their pets and others. If you or a loved one is attacked by a dog, the damages can be serious. >From medical bills to lost wages to permanent scarring and injury, a dog attack may impact multiple aspects of your life. Navigating these issues alone can become complicated quickly, and our team of personal injury lawyers is here to guide you through it. Types of Injuries A dog owner or keeper may be liable for the dog's actions in numerous instances. Typically, a dog bite comes to mind. However, a dog owner may also be liable for a dog's aggressive conduct when the dog attacks another person or another animal, causing another person injury. Even if the dog is not intending to be aggressive, if a dog has a history of jumping on and hurting individuals, the dog's owner may be liable if it jumps on you and hurts you. Each situation is fact-specific and requires a detailed review and investigation to determine whether a dog owner or keeper may be liable for injuries. Who Is Liable for a Dog Attack? Navigating a dog bite or attack lawsuit can be difficult. Depending on the situation, multiple individuals may be responsible for your injuries, including: The dog's owner; The dog's keeper (someone who is caring for the dog, walking the dog, or otherwise providing for the dog); A property owner; and, An individual who knew or reasonably should have known the dog was dangerous and had sufficient ability and control to remove the danger posed. Determining who is responsible is important, particularly in the world of insurance. For example, if a visitor is injured by a dog while on the property of another, that property owner's existing premises liability insurance policy may be triggered. Even if a dog attack does not occur on a landowner's property (for example, if it occurs on the sidewalk or at a park), the pet owner's insurance policy may still be triggered. Further, if the attack occurs on a rental property, multiple policies may be in play, including the insurance policies of both the landlord and tenant. Put simply, investigating liability in a dog attack can be complex. When Is Someone Liable for a Dog Attack? Next, it is important to determine when a dog owner or keeper is liable for a dog attack. Liability for dog bites depends largely on whether an owner or keeper was on notice that the dog was a "potentially dangerous" dog. For example, if a dog has prior instances of biting or other vicious behavior, a dog may be "potentially dangerous." A court will judge the vicious propensities of animals by evidence of their previous behavior. Even if the attack is the dog's first bite, the dog's prior behavior may be enough to demonstrate it was potentially dangerous, and its owner knew or should have known of the danger. Additionally, under North Carolina law, the dog's breed itself may, alone, make the dog "potentially dangerous." Statutory Strict Liability. The North Carolina General Assembly enacted statutes specifically addressing dog attacks. Under N.C.G.S. § 67-4.4, the owner of a dangerous dog is strictly liable for the civil damages from injuries or property damage that the dog inflicts upon another's person, property, or animal. This statute applies only to the dog's owner. Under N.C.G.S. § 67-4.1, A "dangerous dog" is a dog who has either: without provocation, killed or inflicted severe injury on a person; or inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; killed or inflicted severe injury upon a domestic animal when not on the owner's property; or approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack. Any dog owned or harbored, at least in part, for the purpose of dog fighting or that was trained to dog fight is also a "dangerous dog" under N.C.G.S. § 67-4.1. Negligence Per Se. Towns, cities, and counties may enact ordinances that further outline the duties and responsibilities of dog owners and keepers. To prevail under a theory of negligence per se, the injured party must show that the ordinance was enacted to protect a class of persons which included the injured party, and the injury sustained was of the nature contemplated in the statute. Whether ordinances apply to the attack depends largely on where the injured party and dog were located at the time of the injury. For example, "leash laws" require owners to keep dogs on leashes outside of their property and require that a person walking the dog off of the property is physically able to control the animal. Or, if an owner's dog leaves the owner's property and attacks someone, that also violates the ordinance. Further, a county ordinance may declare it unlawful for dogs to be "public nuisances," which may include things like habitual or repeated chasing, snapping, attacking, or barking at pedestrians. Certain ordinances may completely forbid owners from bringing dogs to particular areas, regardless of whether the dog is leashed. A violation of any town, city, or county safety ordinance is negligence per se. Common Law Negligence. Even if an owner or keeper does not violate a statute or ordinance, they may still be liable for a dog attack under a theory of negligence. If the owner or keeper of the dog knows from the dog's past conduct that it is likely, if not restrained, to engage in behavior that is foreseeable to result in injury to another, the owner or keeper may be liable. An injured person must show that (a) the dog was in fact vicious, and (b) the owner or keeper knew or should have known of its vicious propensities. Additionally, under North Carolina law, the dog's breed itself may charge the owner or keeper with constructive knowledge of the dog's dangerous propensities. Damages A claim against a dog's owner for injuries sustained from their dog is a personal injury claim. Like other personal injury claims, you are entitled to specific categories of damages for your injuries, including: Past, future, and present medical care and expenses; Lost wages and diminished earning capacity; Pain and suffering; Permanency, scarring, and disfigurement; and, Property damage. In some cases, punitive damages may be available. Punitive damages are designed to punish the bad actor and to deter similar conduct in the future. Although they are less commonly awarded, if a dog's owner was engaged in egregious conduct contributing to or causing the attack, you may be entitled to receive punitive damages. A seasoned North Carolina personal injury attorney can help you navigate all potential damages you are entitled to receive after a dog attack. As explained above, multiple parties may be liable for a dog attack. Therefore, it is important to analyze liability fully to ensure you have all routes for compensation secured. Conclusion A dog attack is traumatizing. If you or a loved one is injured under these circumstances, it is important to contact an experienced North Carolina personal injury attorney. Our law firm can help you navigate the incident, including by protecting your rights, analyzing all potential sources of liability, and guiding you through the legal process. Focus on your recovery, and put the legal issues into our attorneys' hands. ND:4874-5238-4717, v. 1 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
