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If you suffer severe injuries due to a dog bite or attack in North Carolina, you may be eligible to sue the dog’s owner for your medical bills, time away from work, and your physical and emotional pain and suffering. In some cases, the dog owner may be strictly liable, meaning you don’t have to prove their negligence to recover compensation.
An experienced dog bite lawyer at The Law Offices of John Drew Warlick, P.A., can explain how to hold dog owners liable for dog bite injuries in North Carolina and review the specific facts of your case in a free consultation.
What Is the ‘One-Bite Rule’ in North Carolina?
North Carolina’s so-called “one-bite” rule gives dog owners limited protection against liability (legal responsibility) after a bite as long as their dogs have never acted aggressively before. If a dog has no history of biting or threatening people, the owner may not be legally responsible for the first incident.
However, the one-bite rule has exceptions. It doesn’t apply if a dog is roaming freely in violation of leash laws or if it has never shown any warning signs of aggression. If a dog has ever bitten anyone or acted in a way that suggests it might, the owner can no longer rely on the one-bite rule.
What Is a ‘Dangerous Dog’ Under North Carolina Law?
North Carolina law defines a “dangerous dog” as one that has previously inflicted serious or fatal injuries on a person without provocation. A dog can also be labeled as dangerous if it has previously injured another animal off of its owner’s property or approached anyone aggressively in public. Dogs that people train or use for dog fighting are always considered dangerous.
Local animal control boards have the authority to review a dog’s behavior and decide whether it qualifies as dangerous. Once a dog receives this classification, the dog owner must follow strict rules intended to keep the public safe.
What Does ‘Strict Liability’ Mean in Dog Bite Cases?
Typically, when dog bite victims sue dog owners for negligence, they must prove four basic elements – breach, duty, causation, and damages. However, North Carolina holds owners of “dangerous dogs” and other types of domestic animals strictly liable for injuries they inflict on people. “Strict liability” means the victim does not need to prove that the owner acted negligently to hold the owner liable.
If a dog meets the state’s definition of “dangerous” and injures someone, the owner can be financially responsible for the harm. That harm may include:
- Past and future medical treatment
- Lost wages and reduced earning ability
- All other necessary and related expenses
- Pain and suffering.
It doesn’t matter if the owner thought the dog was safe or tried to prevent the bite. North Carolina’s strict liability laws focus on the dog’s history and behavior, not the owner’s intent. Strict liability also applies in cases involving dogs running at large in violation of local leash rules.
Can I Still Sue the Dog Owner If I Suffered Other Serious Injuries in a Dog Attack?
North Carolina law allows claims for non-bite injuries that happen during an animal attack, such as those that result from being knocked down, scratched, or trampled. The key issue is whether the dog’s vicious or terrorizing manner caused the injury and whether the owner is legally responsible.
If the dog is “dangerous” under North Carolina law, statutory liability (or strict liability) may apply. If not, you could still sue the dog owner for negligence. If the owner violated a local leash law intended to protect others from harm, you may have a negligence per se case (the violation of the law establishes negligence).
Am I Suing the Dog’s Owner or Am I Suing Their Insurance?
Legally, you sue the dog’s owner if you file a dog bite lawsuit. However, most homeowners’ or renters’ insurance policies cover dog bite claims. So, if the owner has coverage, their insurer usually pays any settlement or judgment up to the policy limit.
A dog bite claim can play out between your lawyer and the insurance company, even when you sue a dog owner after a bite. If the owner doesn’t have insurance or if their policy excludes dog-related injuries, you may have to collect directly from them. Insurance often plays a big role in whether your case settles quickly or goes to court.
What Happens If I Am Partly Responsible for the Dog Biting Me?
Under North Carolina’s strict contributory negligence rule, claimants can’t recover any compensation from other parties if they share any blame for the bite, even as little as one percent. A court may find that someone was partially at fault if they provoked the dog, ignored warning signs, or trespassed.
However, the law has an important exception for children. Courts often don’t hold young children responsible for their actions in these cases. Judges consider factors such as the child’s age and their understanding of the risk to determine whether the child is responsible. This exception can protect a child’s right to compensation.
Is There a Time Limit for Filing a Dog Bite Injury Lawsuit in North Carolina?
In most cases, you have three years from the date of the injury to file a dog bite lawsuit. If you miss the deadline, the court will likely dismiss your case.
However, an exception applies to injured children. If a child suffers harm, the three-year filing window doesn’t begin until the child turns 18. So, a child has until their 21st birthday to sue. Still, it’s best for a parent or guardian to act sooner, so they can bring the claim while evidence and witness memories are fresh.
Contact a North Carolina Dog Bite Injury Lawyer
People who work with The Law Offices of John Drew Warlick, P.A., appreciate how our team stays in touch, fights for real results, and keeps them informed every step of the way. As one former client provided in a testimonial:
“Mr. Warlick was very professional throughout our interaction. He negotiated on our behalf, and always kept us up to date on our case. The outcome of our case was good. We would definitely recommend Mr. Warlick.”
If you or your child has suffered a dog bite injury in North Carolina, you deserve answers and steady support. That’s where The Law Offices of John Drew Warlick, P.A., comes in. We have decades of experience helping injury victims in Jacksonville, Onslow County, and throughout North Carolina, including those involved in dog bite incidents.
Contact us today to get started with your free consultation and learn more about how an experienced personal injury lawyer at The Law Offices of John Drew Warlick, P.A., can help you.
