A dog bite injury can be a traumatic experience, leading to painful physical injuries and long-lasting emotional distress. If you or a loved one has been bitten by a dog in Greensboro, it’s natural to wonder, “Who is responsible for my injuries?” The answer to this question in North Carolina is more complex than a simple yes or no. The state’s dog bite laws blend a common law doctrine with specific statutes, creating a nuanced approach to liability that can be challenging to navigate without legal guidance.
At Roane Law, our Greensboro dog bite attorneys have a deep understanding of these laws and how they apply to your specific situation. We can help you determine if a dog owner is liable and fight for the compensation you need to cover medical expenses, lost wages, and pain and suffering.
The “One-Bite Rule” and its Exceptions
Traditionally, North Carolina has followed a version of the “one-bite rule.” Under this rule, a dog owner is not liable for the first time their dog bites someone, unless the owner knew or should have known that the dog had a vicious or dangerous propensity. Proving this knowledge is often the key to a successful claim and can involve showing a prior history of aggression, growling, or snapping at others.
However, this is not a blanket rule, and several key exceptions have been carved out in North Carolina law. These exceptions introduce a form of strict liability, where the owner can be held responsible even if they didn’t have prior knowledge of the dog’s aggression. The most significant exceptions include:
- Dangerous Dog Statute: If a dog has been legally declared “dangerous,” the owner is held strictly liable for any injuries the dog causes. Under North Carolina law, a dog can be classified as dangerous if it has killed or inflicted severe injury on a person without provocation, or if it has been used to commit a crime. For the full legal definition, you can refer to the North Carolina General Statutes.
- Dog at Large at Night: An owner can be held strictly liable if their dog bites someone while “running at large” between the hours of sunset and sunrise in a county with an applicable ordinance.
- Violation of Leash Laws: If the bite occurred because the owner was violating a local leash law or ordinance, this may also be a basis for liability.
The Challenge of Contributory Negligence
Another major challenge for dog bite victims in North Carolina is the doctrine of contributory negligence. This strict rule states that if the injured party is found to be even 1% at fault for the incident, they are barred from recovering any compensation. In a dog bite case, this could mean that if you are found to have provoked the dog, trespassed on the owner’s property, or acted negligently yourself, your claim could be denied. Proving that you were not at fault is often a critical part of building your case.
Navigating the Law with Roane Law
The complexities of North Carolina’s dog bite laws mean that simply having been bitten by a dog is not enough to guarantee compensation. You need a skilled attorney who can investigate the owner’s knowledge of the dog’s behavior, check for a “dangerous dog” designation, and build a strong argument to overcome any claims of contributory negligence.
If you or a family member has suffered a dog bite injury in Greensboro, don’t face the legal battle alone. Contact Roane Law for a free consultation. We will help you understand your rights and develop a strategy to hold the responsible party accountable.