What Is Strict Liability in a Dog Bite Case?

If you have been bitten or attacked by somebody else’s dog in North Carolina, you may be eligible for compensation for your injuries and losses.

You may have heard that North Carolina is a “strict liability” state for dog bite cases. If you want to find out more about a strict liability dog bite claim, a North Carolina dog bite attorney from The Law Offices of John Drew Warlick, P.A., can help you.

For three generations, the attorneys at our law firm have worked tirelessly to serve the people of North Carolina. Our lawyers and legal staff live here, work here, and raise their families here. Our firm is committed to serving our community and helping make it a better place to live.

We strive to assist our clients in whatever way we can, including making ourselves available whenever our clients need us, connecting clients with the medical treatment they need, and assisting with whatever difficulties they may be facing during their recovery.

If a dog bite has injured you, let The Law Offices of John Drew Warlick, P.A. help you seek the financial relief you need. Reach out to us today for a free initial consultation.

What Does Strict Liability in a Dog Bite Case Mean?

In personal injury cases, strict liability means that an injured victim does not need to prove that the responsible party was negligent.

In the context of a dog bite, that means a dog bite victim does not need to prove that the dog’s owner failed to exercise reasonable care in their ownership and control over their dog to prevent the dog from injuring others. Instead, the owner may be automatically liable if their dog bites or injures someone, regardless of fault, depending on the circumstances involved.

Does North Carolina Have Strict Liability for Dog Bites?

North Carolina law imposes strict liability on a dog owner for injuries inflicted by their dog. Under the state’s strict liability law, a dog’s owner may be considered strictly liable for the injuries and losses caused by their dog if, per N.C. Gen. Stat. section 67-12, their dog was more than six months old and running at large at night, or if, per N.C. Gen. Stat. §67-4.4, their dog is considered a dangerous dog.

In North Carolina, a dog is considered dangerous if:

• The dog has severely injured or killed someone without provocation.
• A designee or board selected by the county or municipal animal control authority determines the dog is “potentially dangerous” due to behaviors such as inflicting a bite that resulted in broken bones or hospitalization.
• The dog was trained for or harbored for dog fighting.

North Carolina law contrasts with other states that require a dog bite or attack victim to prove that the owner failed to exercise reasonable care or control over their dog (such as by having broken fencing that allowed the dog to escape) and that the owner’s negligence led to the bite or attack. That said, a North Carolina dog bite victim could still potentially hold a dog owner liable for their negligence even if the strict liability laws do not apply to their case.

The strict liability dog bite law contrasts with other states that follow the “one bite” rule for dog bite cases. In those states, a dog bite victim can prove an owner’s negligence by showing the owner knew of their dog’s dangerous or vicious nature because the dog had previously bitten or attacked someone.

How to Prove Strict Liability Cases in North Carolina?

In a strict liability dog bite case in North Carolina, a victim does not need to prove fault but instead needs to prove specific factors, such as the identity of the dog owner and at least one of the following:

• The dog has previously injured or killed others.
• The adult dog was running at large at night.
• The dog was involved in dog fighting.
• The dog was deemed “potentially dangerous” by an animal control authority.

A dog bite victim may also need to demonstrate that they were lawfully present at the place they were hurt and did not harass or provoke the dog into biting or attacking.

Some of the types of evidence that may be used to prove a strict liability dog case include:

• Surveillance camera footage of the bite or attack
• Photographs or video of the scene of the attack
• Eyewitness testimony
• Police incident reports
• County or municipal records on previous incidents involving the dog
• Medical records from treatment and rehabilitation of injuries

Who Is Liable in a North Carolina Dog Bite Case?

Legally, the owner of a dog that injuries someone through a bite or attack can be held liable for the injuries and losses the victim suffers. However, as a practical matter, compensation for these injuries usually comes from the dog owner’s homeowners’ or renters’ insurance policy. Most homeowners’ and renters’ insurance policies include liability coverage that can pay compensation in a dog bite claim.

Knowing that compensation in a dog bite claim will come from an insurance company can provide comfort to dog bite injury victims. Some people hesitate to file a dog bite claim because a family member, neighbor, or friend owns the dog that injured them. They may feel uncomfortable pursuing a legal claim or demanding compensation from someone they have a personal relationship with.

However, people have homeowners’ or renters’ insurance policies to protect them from financial liability and provide compensation to someone who may be injured on or by their property, including their dog or other pet.

Recovering Damages Following a Dog Bite in North Carolina

When you have been injured after being bitten or attacked by another person’s dog, you may be entitled to recover compensation for expenses and personal losses you’ve sustained due to your injuries. Financial recovery in a dog bite case may include:

• Costs of medical treatment and rehab, such as emergency room care, doctor’s appointments, medications, surgery or other procedures, and physical therapy
• Long-term care expenses if you suffer severe injuries and disabilities from a dog attack
• Loss of income if you miss time from work to treat or rehabilitate a dog bite injury
• Loss of earning capacity when permanent disabilities restrict your ability to return to work
• Physical pain
• Emotional trauma and distress, including PSTD or a newly developed fear of dogs
• Loss of quality of life due to permanent disabilities, scarring, and disfigurement

Get Help from a Dog Bite Lawyer in North Carolina Today

If someone else’s dog has hurt you, don’t put off seeking compensation for your medical bills and other losses. Contact The Law Offices of John Drew Warlick, P.A. today for a free, no-obligation case review.

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