How to Bring a Dog Bite Claim in North Carolina

If you’ve ever been walking through a neighborhood in Winston-Salem or hiking in the beautiful parks of Wilkes County, you’ve probably encountered a dog or two. Most of these encounters are harmless, even pleasant. But sometimes, they can turn dangerous in the blink of an eye. Dog bites are more common than you might think, and they can lead to serious injuries, hefty medical bills, and long-lasting trauma.

At Harris Legal, we’ve seen firsthand how a dog bite can impact a person’s life. That’s why we’re here to guide you through the process of bringing a successful dog bite claim in North Carolina. Let’s dive in.

Understanding North Carolina’s Dog Bite Laws

North Carolina follows what’s known as the “one bite rule.” This rule essentially gives dogs one “free bite” before their owners can be held strictly liable for injuries. But don’t let this mislead you—there are plenty of ways to bring a successful claim even if it’s the dog’s first offense.

Many counties and municipalities across North Carolina have ordinances that prohibit dogs from “running at large.” These local laws often form the basis for claims, even in first-bite cases. For instance, if you’re bitten by a dog roaming freely in Cumberland County, when leash laws are in effect, the owner could be held liable regardless of the dog’s history.

Likewise, if a dog has previously been declared dangerous or potentially dangerous, the owner can be held strictly liable for any injuries it causes.

Immediate Steps After a Dog Bite in North Carolina

If you’ve been bitten by a dog, your first priority should be your health. Seek medical attention immediately, even if the wound seems minor. Dog bites can lead to serious infections, and having medical documentation is crucial for your claim.

Next, report the incident to local authorities. This creates an official record of the event, which can be invaluable later on.

Finally, gather as much evidence as you can. Take photos of your injuries and the scene of the incident. If there were witnesses, get their contact information. The more evidence you have, the stronger your case will be.

Establishing Liability in a Dog Bite Case

To bring a successful claim, you’ll need to establish the dog owner’s liability. This often involves proving one of two things:

The owner knew (or should have known) about the dog’s dangerous propensities.
The owner was negligent in controlling the dog.

For example, if you were bitten by a dog in Randolph County that had previously growled at or chased people, you might be able to argue that the owner knew (or should have known) the dog was dangerous.

Or, let’s say you were attacked by a dog that was off-leash in an area of Rowan County where leash laws are strictly enforced. In this case, you could argue that the owner was negligent in failing to properly control their dog.

Remember, the owner might try to defend themselves by claiming you were trespassing or provoked the dog. That’s why it’s crucial to have a clear account of what happened and, if possible, witness statements to back up your version of events.

Types of Damages You Can Claim for a Dog Bite Case

In a dog bite case, you may be able to claim several types of damages:

Medical expenses: This includes all costs related to treating your injury, from emergency room visits to follow-up care.
Lost wages: If you had to miss work due to your injury, you can claim compensation for lost income.
Pain and suffering: This covers the physical pain and emotional distress caused by the attack.
Long-term impacts: Some dog bites result in scarring or ongoing psychological trauma like PTSD. These long-term effects can be factored into your claim.

The Role of Insurance in Dog Bite Claims

Many dog bite claims are paid out through the owner’s homeowner’s or renter’s insurance policy. These policies often include liability coverage that can apply to dog bites.

However, dealing with insurance companies can be tricky. They may try to minimize your claim or pressure you into settling quickly. That’s where having an experienced attorney can make a real difference.

Conclusion

Bringing a successful dog bite claim in North Carolina involves understanding local laws, gathering evidence, establishing liability, and navigating insurance issues. While it might seem overwhelming, remember that you don’t have to go through this alone.

Remember, every dog bite case is unique. While this guide provides a general overview, the specifics of your situation may vary. That’s why it’s crucial to consult with an experienced personal injury attorney who can provide personalized advice tailored to your specific case.