Strict Liability in North Carolina
In North Carolina, the law follows a strict liability approach when it comes to dog bites. This means that the owner of a dog may be held responsible for injuries caused by their pet, regardless of whether or not they knew about the dog’s aggressive tendencies. This principle applies as long as the victim was lawfully on the premises where the incident occurred, including public places and private property where they were invited or had a legal right to be.
However, it’s important to note that strict liability may not apply if the injured person was trespassing or engaging in any unlawful activity at the time of the dog bite. In such cases, the owner may have a defense against liability.
Proving Negligence
In addition to strict liability, North Carolina law also allows victims to seek compensation by proving negligence on the part of the dog owner. To establish negligence, the injured party must demonstrate the following elements:
- Duty of care: The injured person must show that the dog owner owed them a duty of care. This duty is generally present when the owner has control over the dog and should reasonably foresee the risk of harm it may pose to others.
- Breach of duty: The injured party must prove that the dog owner breached their duty of care. This can be established by showing that the owner failed to take reasonable measures to prevent the dog from causing harm, such as failing to leash the dog or ignoring previous aggressive behavior.
- Causation: The injured person must establish a direct causal link between the dog owner’s breach of duty and the resulting injuries. They must show that the dog bite was a direct consequence of the owner’s negligence.
- Damages: The injured party must demonstrate the actual damages they suffered as a result of the dog bite, such as medical expenses, lost wages, pain and suffering, and emotional distress.
- Seek medical attention: The primary concern should be your health and safety. Even if the injury appears minor, it’s important to have it evaluated by a healthcare professional to rule out any potential complications.
- Gather information: Obtain the dog owner’s contact information, as well as any witnesses present at the scene. Take photos of the injuries, the location where the incident occurred, and any other relevant evidence.
- Report the incident: Contact local animal control or law enforcement to report the dog bite. This helps ensure the incident is documented and helps protect others from potential harm.
- Consult a personal injury attorney: It is advisable to seek legal representation from an experienced personal injury attorney who can evaluate your case, explain your rights, and guide you through the legal process.
- Leash Laws: In many areas, dogs must be kept on a leash when in public. Owners who violate leash laws may be held liable if their unleashed dog injures someone.
- Enclosed Areas: If a dog is known to be dangerous or aggressive, the owner must securely enclose the animal within a fenced yard or structure to prevent it from escaping and causing harm to others.
- Warning Signs: Dog owners who are aware of their pet’s aggressive tendencies should display visible warning signs on their property or use a muzzle when in public.
- Supervision: Owners have a duty to supervise their dogs to prevent attacks or bites. Leaving a dog unattended in a public area or allowing it to roam freely without control may result in liability.