When a dog bites, the injuries can be severe and life-altering. In addition to the physical pain and suffering, victims may also experience emotional trauma and financial hardship. If a dog has bitten you or someone you love, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and more.
At Shane Smith Law, we understand a dog bite’s devastating impact on your life. Our Charlotte dog bite lawyer can ensure you get the treatment and compensation you need to recover from injury.
Let our Charlotte personal injury lawyer hold the dog owner liable and maximize your entitled damages, all proven by our more than $100 million for our clients.
What to Do After a Dog Bite in Charlotte
After a dog bite, it is important to take the right steps to protect your health and your right to recover compensation. Here are some things you should do:
- Get to safety: If you are able, move to a safe location away from the dog.
- Call 911: Report the dog bite to the police and request an ambulance if you are seriously injured.
- Identify the dog and its owner: If you can, find out the dog’s name and breed, as well as the owner’s name and contact information.
- Take pictures: Use your phone to take pictures of your injuries, the dog, the scene of the bite, and anything else that may be relevant.
- Get medical attention: Even if your injuries seem minor, seeing a doctor as soon as possible after a dog bite is important. Some injuries may not be immediately apparent, and seeing a doctor will help ensure you receive the necessary treatment. Additionally, seeing a doctor will create a record of your injuries, which can be useful if you decide to file a personal injury claim.
- Report the bite: In Mecklenburg County, you must report a dog bite to Charlotte-Mecklenburg Animal Care & Control within 24 hours of the incident. If the bite occurred outside of Mecklenburg County, you should report it to the appropriate local animal control agency.
- Do not give a statement to the insurance company: After a dog bite, the dog owner’s insurance company may reach out to you and ask you to provide a recorded statement. You are not required to do this, and it is generally not in your best interest. The insurance company is looking for any reason to deny your claim or pay you less than you deserve. They may try to twist your words or get you to admit fault. It is best to politely decline to give a statement and refer the insurance company to your attorney.
- Call a dog bite lawyer in Charlotte: An attorney can help you understand your rights and guide you through the process of filing a personal injury claim.
Be sure you speak with an experienced Charlotte catastrophic injury lawyer about your case as soon as possible. At Shane Smith Law, our team will evaluate your case and provide you with an honest assessment. We provide free consultations for new clients.
For a free legal consultation with a dog bite lawyer serving Charlotte, call 980-246-2656
Who is Liable for a Dog Bite in Charlotte?
Under North Carolina’s one-bite rule, a dog owner is generally only liable for a bite if the dog has bitten someone before or if the dog has shown aggressive tendencies in the past. However, there are some exceptions to this rule. In North Carolina, a dog owner may be held strictly liable for a bite if:
- The dog was running at large in violation of a local leash law or other ordinance
- The dog was not properly restrained, and the bite occurred on the owner’s property
- The dog is a “dangerous dog” as defined by state law
If a dog owner is strictly liable for a bite, this means that the victim does not need to prove that the owner was negligent in any way. Instead, the victim only needs to prove that the bite occurred and that they suffered damages as a result. Talk to a Charlotte premises liability lawyer about your case today.
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Proving the Dog Owner Was Negligent
Even if a dog owner is not strictly liable for a bite, they may still be held liable if the victim can prove that the owner was negligent. For example, if a dog owner fails to properly restrain their dog and the dog bites someone, the owner may be held liable for the victim’s injuries.
In some cases, a third party may be liable for a dog bite. For example, if a dog bite occurs on someone else’s property, the property owner may be held liable if they knew or should have known that the dog was dangerous.
Additionally, if a dog bite occurs at a business, the business owner may be held liable if they knew or should have known that the dog was dangerous.
Negligence is a complex factor in these cases. Working with a dog bite attorney in Charlotte from Shane Smith Law is by far one of the most important factors in your ability to recover fair damages.
In these situations, having a legal team that understands area laws and is willing to work to meet your needs could prove to be critical. Read our testimonials to learn more about our firm.
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North Carolina Dangerous Dog Laws
Understanding your rights after a dog bite can be complex, but North Carolina law provides some insight into when a dog is considered dangerous. If the dog is known to be dangerous, under this law, the owner is responsible for the injuries the dog causes.
Under North Carolina General Statute § 67-4.1, a dangerous dog is one that:
- Killed or inflicted injury that results in broken bones, disfiguring lacerations, cosmetic surgery requirements, or hospitalization without provocation
- Killed or inflicted severe injury on a domestic animal when not the owner’s property
- Is trained, owned, or harbored primarily or in part for the purpose of dog fighting
- Approaches a person when not on the owner’s property in a vicious or terrorizing manner with the attitude of attack
When a dog meets these requirements under the statute, the owner is held strictly liable for any subsequent dog bites or attacks, including those to another person, their property, or another animal.
wners must take precautions to minimize the risk of these types of actions, including not allowing the dog to be unattended on the property unless confined indoors or otherwise securely restrained.
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Common Defenses in Dog Bites
The owner of a dog that bites others is likely to take steps to defend against such claims, and insurance companies may try to bolster those statements. The key to remember here is that defense is expected as part of this legal process but should not deter you from seeking compensation for the losses you have.
Some of the most common defense strategies in dog bite cases include:
- Provocation: The most common defense is demonstrating that someone, including the plaintiff, provoked the dog. If this happens, even in a minor way, it can lead to the dismissal of any type of claim. You must demonstrate that you did not provoke the animal to minimize this risk.
- Trespassing or breaking the law: Another strategy is demonstrating that the person bitten by the dog did not have the right to be on the property. The property owner may try to show that the dog’s actions were in defense of its property or that they did what was necessary to secure the dog, but you violated this. Showing your right to be on the property or that you were not warned not to be could help minimize this risk.
- Assumption of Risk: A third option is the assumption of risk, in that the person knew there was a risk and took on the task anyway. This could be a dog bite to a vet or a groomer who understands the risks.
In many situations, it is essential for your Charlotte dog bite lawyers to work diligently to prove that none of these defenses, or any others, are factual.
Demonstrating that the owner was, in fact, responsible for their dog’s bite could prove to be critical to recovering damages. Your attorney will work with you to develop a strong case to protect against any defense strategy that may arise.
Dog Breeds and Liability
Some dog breeds are often labeled as being known aggressors or dangerous dogs, whether or not the dog has a history of that behavior. It is important not to rely on this when pursuing a dog bite accident claim. Owners of these breeds do not always have an extra level of presumption of liability that a dog bite will happen.
In some situations, you may note the dog’s likelihood to bite based on its habits, its training, and even the breed itself. However, this should not be the sole factor in determining liability. It may be able to sway at least some of the implications of negligence in the case.
When a dog is a breed noted for being aggressive, owners maintain responsibility – and maybe even a bit more so than other breed owners – to take steps to minimize risk to others.
For example, if a dog is known for its strength, that could warrant the owner taking extra steps to prevent risks and avoid harm. Remember that the dog’s history itself plays the most important role in determining liability. Be sure to meet our dedicated team today.
Factors Affecting Case Value in a Dog Bite Case
As your attorney works to build a strong case for negligence, there is more work to be done, and that comes in the form of building the value of your case. The burden of proof in your case is dependent on how well you can demonstrate financial loss and its impact on your health and well-being. Consider some of the elements that contribute to your losses.
- Extensiveness of your injuries: The more severe your injuries are, the more likely you will be able to claim a higher value based on medical expenses you already have and those you will likely need. This includes hospitalizations, surgeries, and cosmetic procedures.
- Lost time at work: The longer you are out of work, the more impactful your claim will be. Loss of earning capacity due to permanent injury is another core component of this process.
- Pain and suffering: Demonstrating the severity of your pain, the emotional toll on your life, and your suffering also helps to build your case’s value. Your attorney will work diligently with you to demonstrate this through the evidence available, including medical experts, family and friend statements, and your doctor’s statements.
The job of a dog bite attorney in Charlotte is to maximize your claim compensation by demonstrating all of the ways this accident has impacted your life.
With our experience and dedication to our clients, you can expect our legal team to fight for your rights every step of the way to prove your losses. Review our results today to see how we might be able to help you.
How Our Charlotte Dog Bite Attorney Can Help
After a dog bite, you may be contacted by the dog owner’s insurance company. The insurance company may offer you a settlement, but it is important to remember that the insurance company is not on your side. They are looking for any reason to deny your claim or pay you less than you deserve.
Your attorney will provide you with insight into all of your rights, including additional losses you did not factor into the process. You will also learn about the overall process to follow to maximize your claim and overcome the limitations insurance companies often state. With the guidance of legal representation, you can focus on your healing. Let us help you with:
- Determining all parties at fault
- Maximizing your claim compensation
- Negotiating a fair value for your losses
- Filing a lawsuit when necessary to recover your damages
- Representing you in a court of law to ensure your voice is heard
Contact Our Charlotte Dog Bite Lawyer for Immediate Help and Guidance You Can Rely On
Before accepting a settlement or providing a statement to the insurance company, it is in your best interest to consult with an experienced dog bite lawyer in Charlotte.
At Shane Smith Law, we can help you understand your rights and options and guide you through the process of filing a personal injury claim. We would be happy to offer you a free consultation today.
Call or text 980-246-2656 or complete a Free Case Evaluation form
