Dog bites can result in serious injuries, including lacerations, broken bones, and infections. If someone else’s dog bites and injures you in Wilmington, NC, it’s essential to understand your rights and the state laws that govern these cases.
Contact Ted A. Greve & Associates for a free consultation about your case with an experienced dog bite lawyer in Wilmington, NC. Our lawyers can explain your options for seeking the compensation you need for your medical expenses, lost wages, and other losses, walk you through the legal process, and answer any other questions you have about your case.
Understanding Dog Bite Laws in Wilmington, NC
In North Carolina, dog bite cases fall under the umbrella of premises liability law. Dangerous dogs are considered a property hazard. This means that not only could a dog owner be liable for your losses if their dog injures you on public property, but also if you were injured on the dog owner’s property.
The state also uses a so-called “one-bite” rule, which means that dog owners may not be liable for an injury caused by their dog unless they knew or should have known the dog was dangerous. The state’s definition of a dangerous dog is one that has killed or inflicted severe injury on a person without provocation. A potentially dangerous dog is one that has bitten a person, resulting in broken bones or lacerations requiring surgery or hospitalization.
If you can show that the owner knew or should have known that their dog was dangerous or potentially dangerous, you can hold them strictly liable for your injuries. Under strict liability, you don’t have to prove that the dog’s owner was negligent. The fact that their dog was dangerous and harmed you is enough.
If the owner didn’t know that their dog was dangerous or potentially dangerous, you can still seek compensation for your injuries. However, you will have to demonstrate that the owner’s negligence contributed to the incident, such as if they allowed their dog to be off-leash in public where it should have been leashed.
Identifying Liability and Establishing Your Case
In some dog bite injury cases, identifying the liable party is straightforward, such as if a dog attacks you while you are lawfully on the owner’s property. However, more parties than the dog’s owner could be liable for your losses. Other potentially liable parties include:
- Someone other than the owner who is in control of the dog, such as a dog walker
- The facility harboring the dog, such as a kennel or doggy daycare
- The manufacturer or a product, such as a leash, muzzle, or fence, that failed, allowing the dog to attack you
Identifying all the potentially liable parties in your case is crucial for recovering the full compensation you deserve.
Seeking Compensation for Dog Bite Injuries
You can seek various types of damages after a dog bite injury in North Carolina, including economic, non-economic, and sometimes punitive damages:
- Economic Damages: These damages are compensation for your tangible losses, including past and future medical expenses and lost wages related to the incident. To calculate this compensation, your lawyer will add up your bills and review your pre- and post-injury income.
- Non-Economic Damages: These damages are compensation for your intangible losses, including emotional distress, pain and suffering, and loss of enjoyment of life. The value of these losses is highly subjective, but an experienced lawyer can help you determine a fair amount of compensation to seek.
- Punitive Damages: These damages punish the defendant for particularly egregious behavior and are not available in cases based on strict liability. To seek punitive damages, you must establish the defendant’s negligence and show that their actions warrant this additional punishment. Punitive damages are also capped at $250,000 or three times the compensatory damages, whichever is higher.
Next Steps After a Dog Bite Incident
It’s essential to understand the next steps after a Wilmington, NC, dog bite incident, from knowing the immediate actions you should take to contacting a lawyer for assistance with your case.
Immediate Actions to Take After a Bite
Immediately after suffering a dog bite injury, you should take the following steps to improve your recovery and strengthen your legal case:
- Report the Incident: Report the dog’s bite to the Wilmington Police Department so they can file an incident report and hold the dog for observation to determine if it has rabies or other diseases.
- Document the Incident: Take photographs of your visible injuries and write down everything you remember about the attack.
- Seek Medical Treatment: Seek treatment for your injuries and follow up with your treatment until you fully recover or your doctor says you will not recover further.
Time Limits and Legal Deadlines in NC
Under North Carolina’s statute of limitations for personal injuries, dog bite victims have three years to file lawsuits against the party responsible for their injuries. Failure to file your lawsuit within this period will result in the courts barring you from seeking compensation.
This time limit also applies to insurance claims against the dog owner’s homeowner’s or renter’s insurance because after the deadline for filing a lawsuit passes, the insurance company no longer has an incentive to settle your case.
Contacting a Wilmington Dog Bite Lawyer for Assistance
The best time to contact a Wilmington dog bite injury attorney is as soon as possible. It’s vital that your lawyer has time to gather the necessary evidence to prove your case before it disappears. This could mean tracking down eyewitnesses for their statements or obtaining security camera footage of the incident. A skilled lawyer will also help you meet the deadlines associated with your case, including those for filing your lawsuit or other legal motions.
Call Ted A. Greve & Associates Today
If you were injured by someone else’s dog in Wilmington, North Carolina, contact Ted A. Greve & Associates for a free consultation with an experienced dog bite injury lawyer. During your initial consultation, one of our attorneys will review your case, explain your options for seeking the compensation you deserve, and help you understand the state’s dog bite laws that may apply to your lawsuit.
