Dog bites can cause a lot of damage. Sometimes it is just a little nip that barely breaks the skin, but in some cases, such as working with a dog that is considered dangerous, it could result in damaged property, broken bones, the need for cosmetic surgery to fix the damage, and more. If you have been a victim when a dog attacks, especially if that dog was considered a dangerous dog, then it is important to understand how the North Carolina dog bite laws work in your area. Working with a dog bite attorney to file a dog bite lawsuit in Charlotte, NC can help you to get compensation after you have been attacked by a dangerous dog.
The Liability Statute for Dog Bite Laws
In North Carolina, there is not a dog bite statute for when a dog attacks someone else or another animal. However, just because there is not a strict liability statute for dogs does not mean that the plaintiff is not able to file a dog bite lawsuit in Charlotte, NC under some other type of liability such as willful misconduct, nuisance, and negligence. Talk to your dog bite attorney to determine what course of action would be the best for your case after a dog attacks you.
Common Law Liability for Dog Bite Laws
In North Carolina, in order to establish liability of the owner, the plaintiff needs to present evidence that the dog had shown dangerous activities in the past and that the owner of the dog at that time of injury had knowledge about these activities. There is not going to be a requirement that the plaintiff proves that the dog bit someone in the past in order to file a dog bite lawsuit in Charlotte, NC.
The Statute of a Dangerous Dog
In North Carolina dog bite laws, there are two types of dogs, those who are seen as dangerous dogs and those that are seen as potentially dangerous dogs. To be considered a dangerous dog, the dog must have:
- Without any provocation, killed or inflicted a severe injury on someone else including broken bones, disfiguring lacerations or more.
- A dog that has been trained or is owned primarily for dog fighting.
- A dog that has been determined previously as potentially dangerous and continues on with the same behavior.
If the dog inflicted an injury on someone posing as a threat, then the dog is not seen as dangerous.
Legal Responsibilities of Dangerous Dog Owners
There are also several legal responsibilities that an owner of a dangerous dog needs to be aware of. The owner must keep up with these legal requirements to own the dog or is liable for any injuries.
To start, the owner needs to confine the dangerous dog indoors. If they do confine the dog outside, then they need to be in a secure and enclosed structure. The dog must stay on the property lines of the owner unless restrained, muzzled, or leashed.
If the owner does not stick with these rules and responsibilities, the owner may face a dog bite lawsuit.
The Liability of Dangerous Dog Owners
According to the North Carolina dog bite laws, the owner of a dangerous dog will have certain liabilities. The owner is liable for any injuries or property damage that the dog causes. This could include dog attacks or not.
The owner of a dangerous dog that attacks a person will face charges of facing a crime in a lawsuit.
If suffering from a dog bite, it is important to get the lawsuit started as soon as possible. Contact our Charlotte Personal Injury Lawyers at Ted A. Greve and Associates to help you get started today.