Does Your Dog Bite?

“Every dog gets one bite,” is a bit of homey legal wisdom that is often repeated by laypersons and even lawyers, but it is not entirely true in the state of North Carolina. The first way a person can recover from a dog bite or attack is under a negligence theory. Legally, a dog attack on someone at a person’s house is analyzed the same way a slip and fall case would be. The owners of the dog would have to have some knowledge that the dog was vicious or mean and they should have foreseen that the dog could injure somebody. If the dog had previously bitten or attacked someone that would be evidence that the owners knew or should have known about the dog. However, an actual bite would not be required. Other behavior from the dog such as an attack prevented by a fence or leash, or even excessive barking or growling could be evidence that the owners should have known the dog could attack and hurt someone. Note that not only the owner of the dog could be held liable for injury from a dog bite under a negligence claim, but a landlord or owner of the house could also be held at fault if they had knowledge of the viciousness of the dog, making this defense unavailable. Any claim of negligence in North Carolina allows the defendants to use the defense of contributory negligence. A person has some responsibility for his own safety and if he fails to do so, to the level of a reasonable and prudent person, he is contributorily negligent and cannot win his case. If the injured person knew about the vicious propensities of a dog and was around the dog anyway; or if the injured party was teasing the dog; could be evidence of contributory negligence.

The second way to recover on a dog bite is by statute. The North Carolina statutes provide that a person who owns a “dangerous dog” is responsible for any injuries it causes, regardless of whether or not he was negligent. The statute provides that a “dangerous dog” is one that has already killed or seriously injured a person; a dog kept or trained for dog fighting; or is determined by a county or city to a “potentially dangerous dog.” A “potentially dangerous dog” is determined after a hearing by a city or county authority and can be appealed to a superior court judge. To find the dog to be a “potentially dangerous dog” the authority must either find that the dog has bitten someone that caused broken bones, disfiguring cuts, or required cosmetic surgery or a trip to the hospital; or that the dog killed or caused severe injury to another animal while not on the owner’s property (and was not involved in hunting, herding or predator control); or approached a person in a vicious or terrorizing manner when not on the owners property. If a dog is a “dangerous dog” or has been determined by a city or county to be “potentially dangerous” then the owner is responsible for any damage to people, other dogs or animals or property that the dog causes. He also would be criminally guilty of a Class 1 misdemeanor. Even if the owner kept the dog fenced up and muzzled, but through no negligence he escaped and caused damage, the owner would still be responsible. The only defenses would be if the injured person was trespassing on the property or was tormenting or abusing the dog. The statues also do not apply to police dogs “on duty” or dogs used in a lawful hunt.      

Finally, note that local cities and counties are permitted to enact additional ordinances regarding dogs and dangerous dogs that are more restrictive than the state laws. So if you have a question, be sure to check with your local laws.

--Bradley A. Coxe is a practicing attorney in Wilmington, NC with Hodges & Coxe PC who specializes in Personal Injury, Medical Malpractice, Homeowner's Associations, Contract and Real Estate disputes and all forms of Civil Litigation.  Please contact him at (910) 772-1678.

 

Comments

[Anchorage Personal Injury Attorney]

Every state has different laws regarding a dog owner’s liability for dog bites. Some states follow their common law. Other states have enacted statutory law in the form of Dog Bite Statutes. Most often, a Dog Bite Statute abolishes the common law, because, unlike the common law, these statutes don’t require a dog bite victim to prove that a dog owner was at fault for an injury. In some states, however, people who have been injured by a dog are able to recover money damages under both the common law and their state’s Dog Bite Statute. The following guide outlines state dog bite laws.

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As a pet dog owner, I can say that this article helps me a lot.