How Dog Bite Laws in North Carolina Compare to Other States

If you have recently suffered from a dog bite, we understand how overwhelming and frightening the experience can be. At ClearView Legal, we are here to support you through every step of your legal journey. It’s normal to feel confused and unsure about what to do after a dog bite accident. The pain from the injury, combined with the emotional stress of dealing with insurance companies and the medical bills, can leave you feeling vulnerable. You may wonder about your legal rights, how the laws work, and whether you can recover damages for your injuries. In this blog, we’ll explore how dog bite laws in North Carolina compare to other states, giving you an understanding of what to expect in your case.

What Are Dog Bite Laws in North Carolina?

In North Carolina, dog bite laws fall under a general principle known as “strict liability.” This means that if a dog bites someone, the dog owner may be held legally responsible for the injuries, even if the owner did not know that their dog had the tendency to bite. North Carolina law does not require the victim to prove that the owner was negligent or that the dog had a history of aggression. As long as the bite occurred while the victim was legally on the property, the dog owner can be held accountable. However, there are some exceptions to this rule. For example, if the victim was trespassing or provoking the dog, the owner may not be held responsible. North Carolina also allows a defense called the “one bite rule,” which protects dog owners from liability for the first bite if the dog had no prior history of aggressive behavior. In contrast to other states, North Carolina tends to be more focused on strict liability, which helps ensure victims receive compensation without needing to prove intent or prior knowledge of the dog’s dangerous behavior.

How Do Dog Bite Laws in North Carolina Compare to Other States?

When we look at dog bite laws across the United States, we see that different states have different approaches to liability and compensation. Some states are more lenient, requiring the victim to prove negligence or the dog’s prior aggressive behavior before the owner can be held liable. Others are more rigid, like North Carolina, and impose strict liability on dog owners, meaning that as long as the victim was not provoking the dog or trespassing, they may be entitled to compensation.
Military Discharge Upgrade Lawyers

Marcel McCrea

Attorney

James A. Noel

Attorney

Tylisa Crawford

Paralegal

 In states such as California, dog owners are held strictly liable for dog bites as well, even if the dog has never shown aggression before. California’s laws are similar to North Carolina’s in that sense. However, some states, like Texas and Florida, follow a “negligence” standard, which requires the victim to prove that the dog owner was aware of the dog’s dangerous propensities and did not take proper precautions to prevent an attack. This standard can make it harder for victims to recover damages because they must show that the owner knew the dog was dangerous, which is not always easy to prove.

Quote

I have worked and referred cases to Attorney Marcel McCrea in Charlotte, North Carolina, for a number of years. His zealous advocacy, keen attention to details, and client care are particularly noteworthy. He has been especially helpful in some complicated personal injury matters that I have referred to his firm. I highly recommend Marcel McCrea and ClearView Legal for anyone looking for excellent attorneys.”

- Frantz Jacques

Quote

ClearView Legal do great work. When I had my car accident they were very diligent in showing me the process. They took care of all the necessary paperwork and negotiation in my personal injury claim. They were both passionate and determined to get me my settlement. I am eternally grateful. Definitely 5 star lawyers in my book."

- Osmund Marcellin

Quote

I was recently injured in a car accident. I hired Attorney Marcel McCrea of ClearView Legal in Charlotte, NC to help me with my personal injury matter and to recover for my medical bills, lost wages, and pain and suffering.
Before hiring the firm, I tried to negotiate with the insurance company on my own and got no where. Marcel McCrea did an excellent job and helped me to recover much more than I expected. Marcel and his staff exceeded my expectations and provided great customer service. I highly recommend the firm!"

- S. Jackson

Strict Liability vs. Negligence

The most significant difference between North Carolina and other states lies in how liability is determined. North Carolina’s strict liability rule makes it easier for victims to seek compensation, as they do not need to prove that the dog owner was negligent. However, states like Texas, Florida, and Ohio require victims to show that the dog owner was at fault in some way, usually through negligence. This could mean that the dog owner knew their dog had a tendency to bite or had failed to take reasonable steps to prevent the dog from attacking others. These negligence-based laws can make it harder for a victim to win their case, as it requires more evidence to prove fault. For example, in Florida, the law requires the victim to prove that the dog owner knew the dog was dangerous or had bitten before. If the dog had never bitten anyone or shown signs of aggression, the owner may not be held liable. This is a key difference from North Carolina, where liability is typically imposed regardless of the dog’s prior behavior.

The Role of Insurance in Dog Bite Cases

In most dog bite cases, the homeowner’s insurance policy will be the primary source of compensation for the victim’s injuries. In North Carolina, dog bite claims are often covered by the dog owner’s insurance policy, especially if the dog bite occurs on the owner’s property. However, other states may have different rules about insurance coverage for dog bites. In some states, homeowner’s insurance may not cover dog bite claims, particularly if the dog has a history of aggression or has been deemed a dangerous breed. For instance, in some states like Michigan, homeowners with certain breeds of dogs that are considered inherently dangerous, such as pit bulls, may be required to carry additional insurance. These rules vary from state to state, so understanding how insurance works in dog bite cases is crucial when pursuing compensation. In North Carolina, having a reliable insurance policy in place can make a significant difference in whether or not you are able to recover damages for medical bills, pain and suffering, and other costs associated with your injury.

Related Videos

Choosing a Personal Injury Attorney

Personal Injury Case Case Timeline

What Happens If the Dog Owner Has No Insurance?

In North Carolina, if the dog owner does not have insurance, the victim may still be able to recover damages through a personal injury lawsuit. This is one area where North Carolina differs from some other states, where the lack of insurance may present a barrier to recovery. If you are bitten by a dog in North Carolina and the owner is uninsured, you may need to pursue the case through the courts to hold the owner personally responsible for your injuries. This could involve seeking compensation for medical bills, lost wages, pain and suffering, and other related expenses. Other states, like California, may allow for similar claims if insurance is unavailable. However, depending on the state, the process can be more complicated. For example, in some states, victims may be required to pursue the case through a small claims court or file a separate claim with the state’s victim compensation fund.

How Long Do You Have to File a Dog Bite Lawsuit in North Carolina?

In North Carolina, victims of dog bites have a limited amount of time to file a lawsuit for damages. The statute of limitations for personal injury cases, including dog bites, is three years from the date of the injury. This means that if you were bitten by a dog and want to pursue a legal claim for compensation, you must do so within three years of the bite. If you wait too long, you may lose your right to seek compensation. It’s essential to consult with a personal injury attorney as soon as possible after a dog bite to ensure that your legal rights are protected and you do not miss any important deadlines.

What to Do After a Dog Bite in North Carolina

If you have been bitten by a dog in North Carolina, the first step is to seek medical attention for your injuries. Even if the bite seems minor, it is important to get a professional evaluation to prevent infection and other complications. After receiving medical care, it’s crucial to report the bite to local authorities so that the dog’s owner can be identified and the dog can be quarantined if necessary. You should also gather as much information as possible about the incident. This may include the dog owner’s contact information, photos of your injuries, and witness statements. The more evidence you have, the stronger your case will be when pursuing compensation. It’s also a good idea to keep records of all medical treatments and expenses related to your injury. Navigating the legal process after a dog bite can be complex, especially when laws vary between states. If you have been bitten by a dog in North Carolina, our team at ClearView Legal is here to help. We understand the emotional and physical toll that a dog bite can have on your life, and we are dedicated to helping you get the compensation you deserve. Whether you need assistance with negotiating a settlement or filing a lawsuit, we are committed to standing by your side and fighting for your rights. Contact us today to schedule a consultation and take the first step towards recovering from your injury.

To learn more about this subject click here: Can You File a Dog Bite Lawsuit Without Visible Injuries in North Carolina?