Raleigh Dog and Animal Bite Lawyers

Dog Bite Lawyers Serving North Carolina

Under North Carolina law, you have the right to receive compensation for your injuries caused by the mistake, negligence, recklessness, or intentional actions of a person or business. Our experienced Raleigh dog bite lawyers can help.

Our compassionate team helps clients with medical care, medical bills, property damage, and dealing with the stress of their physical recovery. We provide support, care, and concern in the aftermath of tragedies.

As former insurance defense attorneys, we know how to fight for every penny you deserve.

That’s why our North Carolina injury lawyers offer victims and their families free case evaluations to educate them about North Carolina law and what legal options a victim may have to get financial compensation.  If you or a loved one were bitten by a dog, call our experienced Raleigh dog bite lawyers for help.

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Raleigh Dog Bite Claims

Although the injuries and damages are often significant in a dog bite case, liability can be difficult to prove. Especially if the dog is unknown to the victim, trying to identify the owner or where the owner lives can be a challenge.   And in some cases, even if you can prove liability and are awarded damages, there can be obstacles to actually collecting monetary payment for your damages from the responsible party. Frequently, pet owners forget to include their dogs or pets on their homeowner’s insurance, or do so in order to save money on their premiums. This can create coverage issues, and the insurance carrier may believe it has grounds to deny your claim.

In general, the law surrounding dog bites and animal attacks is not as straight-forward as the law involving a car accident, slip and fall, medical malpractice, or another type of personal injury case.  That is why you need to have an experienced Raleigh injury lawyer on your side.

Broadly, throughout the United States, dog bite liability is separated into categories, usually based on difficult kinds of laws in place for different kinds of claims you can bring for even given dog bite incident. Each category or type of claim usually has its own evidentiary threshold for the kind and/or amount evidence that you have to show the court in order to be successful. North Carolina, which is discussed in the next section, has different liability claims that can be brought for different types of dog bite incidents, and each type of liability claim has its own unique set of facts that must be proved.

The general types of liability claims for a dog bite case include the following:

Negligence

This is a common law, or judge-made law, that is governed by the reasonableness of a dog owner actions.  If a dog owner’s actions (or inaction) were unreasonable (like letting a dog run off leash, tying a strong dog’s leash to a flimsy lawn chair, etc) and those actions (or inaction) caused someone else to be injured, the dog owner may be liable.

Strict Liability

Unlike negligence, which is measured on reasonableness, a strict liability law means that if the event happens, the owner is liable no matter what.  In a dog bite, a strict liability state means that any bite by a dog will make the owner liable.

One-bite rule

Some states allow a dog to bite one person or other animal before the owner can become liable. These laws are based on the belief that a dog owner should not be liable the first time their pet does something unpredictable. That means the first victim of the dog bite may not be recover for their injuries, although they may still have negligence or other claims against the dog owner. In a one-bite rule state, after the first bite, the dog owner is strictly liable for every subsequent dog bite by their pet.

Prior Knowledge of Vicious Propensities

Some states will hold an owner liable if the owner knew or should have known about a dog’s vicious propensities prior to the bite.  This could be a prior dog bite, but it could also be if the dog had a proclivity to do harm such as growling, snapping, or other aggressive behaviors which may indicate to a dog owner that the dog could bite or harm someone. These cases are difficult to prove without testimony of neighbors or family members who will testify that the dog had acted aggressive towards them before.

Dangerous dog statutes

Many states will impose strict liability on any dog owner if the dog is found to be a dangerous dog, as defined by that state’s law, whether or not the dog has previously bitten someone. Sometimes this is based on the breed of the dog or local rules regarding what constitutes “dangerous” dog.

Dogs at Large

Many states will also impose strict liability if a dog at large bites or attacks a person, such as a dog that escapes or is allowed to run free from a house, backyard, or kennel and bites a person. These states usually require that the owner knows that the dog has escaped and has made no effort to collect the dog.

Hybrid Dog Bite Laws

Some states will use a hybrid approach, such as negligence for a first bite but strict liability for a second bite.  Some states may also use a combination of the one-bite rule and vicious propensities.

Common Causes of Dog Bites and Animal Attacks in Raleigh, NC

Even the most well-trained dog can bite. Our clients are surprised to learn that victims of dog bites are most often relatives or friends of the household, neighbors, or caretakers.  Some dogs show natural and instinctual aggression towards small children, particularly when children are running or playing loudly. Sometimes a child just getting too close to a dog that’s eating or an adult accidently stepping on a dog’s tail could result in a bite.  Other times, a dog may not be friendly or overly protective of its owners and may have a propensity to snap, bite, or otherwise harm others without provocation. 

Our Raleigh injury lawyers know that dog bites and animal attacks are difficult to predict. They may be accidental, for no reason at all, or come from well-trained or otherwise calm pets. But based on our experience, the most common causes of dog bites in North Carolina include:

• Rough play with a dog

• Interacting with a dog that is eating or playing with an object or toy

• Accidently stepping on a dog’s leg, tail, or other body part

• Scared or skittish dogs

• Abused dogs, including former rescue pets

• Dogs that are trained to be guard dogs

• Overprotective dogs, especially in new surroundings

• Dogs that may be sick or injured and have a lower tolerance

• Strangers around a dog

• Yelling, screaming, or erratic behavior near a dog

• Aggressive or rapid movements near an unsuspecting dog

• A dog with his or her pups, especially a mother weening her puppies

• Defensive actions of a dog

• Anxiety of the dog, and

• Other actions or traits of a dog that may cause him or her to snap out, bite, or attack.

The Best Raleigh Dog Bite Lawyers Will:

• Thoroughly investigate your accident

• Explain your options

• Guide you through the claims process

• Negotiate with the at-fault party and its insurance company

• File a lawsuit if necessary

• Above all else, fight for you

Common Injuries in Dog Bites Claims in Raleigh, NC

 Statistics reveal that one in five people who are bitten by a dog will require medical attention at a hospital or urgent care. Although some of these injuries may be superficial, many may cause damage to structures or tissue underneath the skin.  The risk of infection is also high in any type of dog bite, even a minor one, which can be both incredibly painful and even life-threatening if sepsis develops.  In some instances, when a dog’s shot or vaccine history is unknown, a victim of a dog bite is required to get extensive testing and rabies vaccinations themselves in an abundance of caution, which are painful and expensive.

Some of the most common injuries and damages from a dog bite in North Carolina that our Raleigh injury lawyers can help you handle include: 

• Significant scarring and disfigurement

• Torn tendons, especially in the hand, ankle, or shoulder

• Nerve damage

• Torn ligaments, especially in the ankle, knee, hip, hand, elbow, and shoulder

• Damage to blood vessels under the skin

• Dislocated shoulders or separated shoulder

• Torn muscles, especially in the biceps, triceps, shoulder, pec, and hip

• Facial injuries and neck wounds

• Nerve paralysis in the leg or arm is a major nerve was severed or avulsed (pulled out of the spinal cord)

• Torn rotator cuff or SLAP tears in the shoulder

• Brachial plexus nerve injuries in the arm

• Amputations, especially of the fingers or toes

• Infections and sepsis

• Head injuries from falling after being jumped on or knocked down by an attacking animal

• Broken bones or fractured bones, including spiral fractures

• Wrongful death, and

• Other serious and catastrophic injuries caused by a dog bite or animal attack in North Carolina.

Damages Our Dog Bite Attorneys Could Help You Recover in Raleigh, NC

The personal injuries you suffered may entitle you to monetary payments and compensation.  Some of the most common types of damages (explained in more detail here) recovered in the cases handled by our Raleigh injury lawyers are:

• Medical bills paid/reimbursed

• Future medical expenses

• Lost wages and income for time you missed at work

• Pain and suffering/mental anguish

• Loss of consortium if your accident affected your relationship with your spouse

• Permanent disability, scarring, or disfigurement

• Punitive damages to punish the other party for particularly bad, reckless, or outrageous conduct that caused your injuries

Dog Bite Laws in North Carolina

Like more states, North Carolina law on dog bites takes many approaches.  Although this means there are any ways to prove liability, it also means there are many ways that a defense lawyer can fight back.  This is why you need an experienced NC injury lawyer to help prove your dog bite case. Our dog bite lawyers in Raleigh, NC can help.

Under North Carolina law, there are 4 types of claims and ways to prove liability for dog bites:

Strict Liability for Dogs At Large

Under North Carolina stat. section 67-12, there is strict liability for a dog owner for a dog bite if they allow or know that their dog is running at large. North Carolina defines running at large as a dog running or roaming off the dog owner’s property without the owner or handler being with the dog. This law does not apply if the dog escaped, unless the owner knew the dog had escaped and was roaming but did not try to recover the dog. 

Strict Liability for Dangerous Dogs

Under North Carolina stat. section 67-4.4, a dog owner will be strictly liable for a dog bite caused by a “dangerous dog.” A dangerous dog is defined under North Carolina stat. section 67-4.1, as the following:

(a) A dog that:

 (1) Without provocation has killed or inflicted severe injury on a person; or

 (2) Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of these behaviors:

Inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization; or

Killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or

Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack.

 (b) Any dog owned for the purpose of dog fighting, or any dog trained for dog fighting.

Assessing whether the dog meets the qualifications to be deemed a “dangerous dog” is our first step in every dog bite case because liability is the easiest to prove. This is where county or municipal records are important to determine if the dog has previously been reported for biting and showing aggressiveness before.

Strict Liability for One-Bite/Vicious Propensities

Under North Carolina common law, where an owner knows that a dog has a vicious propensity to do harm, an owner may be strictly liable for that harm.  To prove a on-bite rule claim, a victim will have to show that the owner knew or should have known that their dog had a vicious propensity to bite or do harm. Sometimes this will come down to evidence from neighbors who live near the dog in question and experience they may have had with the dog. It is not usual to uncover a neighbor who, after being terrorized by a snarling dog for years and complaining to the dog’s owner, to be a willing witness in a case. This is different from the one-bite rule because a dog owner could be liable for a dog’s first bite if the owner knew or should have known that the dog was aggressive and had a proclivity to cause harm.

Negligence for Dog Bites and Animal Attacks

Finally, under the North Carolina common law, an owner may be liable if he or she had a duty, breached that duty, and that breach caused damages to a victim.  This is the standard type of personal injury claim and applies to dog bites, although it is the hardest to prove because it depends on reasonableness. This claim can also serve as a catch-all for any dog bite incidents that don’t neatly fit into any of the other claims. These claims rely on proving that the dog owner did something wrong and unreasonable.

For instance, many North Carolina communities and municipalities have leash ordinances requiring owners to keep their pets on a leash. If a dog owner allows their dog to run off the leash in violation of a leash ordinance, and that dog bites a victim, then negligence (and possibly negligence per se) claims may be viable.

How to File a Dog Bite Claim in Raleigh, NC

Dog bite cases are difficult cases and often require a much more creative investigation and approach than other types of personal injury cases.  That is why you need an experienced injury lawyer like those on our team at Osborn Gambale Beckley & Budd, PLLC.  Our dog bite attorneys in Raleigh, NC have a proven track record of success representing dog bite victims and their families throughout North Carolina and South Carolina.

Raleigh Dog Bite Statistics

For recent history, the most common pet in the United States has been the dog.  Roughly 38% of households own at least one dog, equating to almost 78 million dogs throughout the country.  Although most dogs are well-behaved and are indeed man’s best friend, unfortunately that is not always the case.  Statistics reveal that there are over 4.5 million dog bites each year in the United States, prompting dog bite injuries to be labeled as a “significant public health issue” by public health researchers.  This remains true right here in Raleigh, where Wake County have reported approximately 1,800 dog bites over the recent five year span – roughly 360 dog bites a year.   

We understand how traumatic a dog bite or animal attack can be for a victim.  Not only do dog bites often cause horrific physical injuries, but the emotional trauma is also common and significant – especially for young children.  In addition, there are frequently also significant financial damages caused by animal attacks, especially if there is an infection after a bite, which is common. These damages not only impact an animal attack victim, but also their entire family.

How Do I Find the Best Raleigh Dog Bite Lawyer for My Case?

Like every profession, injury lawyers vary in experience, skills, style, dedication, and levels of customer service so “best” can mean different things to different people. It’s a good idea to see if the injury lawyers you are considering have positive client testimonials, good (and recent) case results, and are passionate about helping others. It depends on whether you want to hire a law firm that works with thousands of clients every year or a smaller firm that only focuses on a limited number of cases. The relationship between lawyer and client requires a significant amount of trust and communication over an extended period of time, so the most important factor is choosing a lawyer that “feels right” to you.

Schedule a Free Consultation With Our Raleigh Dog Bite Lawyers Near You

We offer free consultations for victims to learn about their rights to compensation. We can help you and your family recover compensation for medical bills, lost wages, and conscious pain and suffering. There is no obligation to sign up with our firm, but if we accept your case, we pay the upfront costs and expenses of litigation so you do not have to.  We also only get our legal fees paid, and the litigation expenses reimbursed, if we recover compensation for you in a settlement, verdict, award, or another type of payment. To learn more, please contact us today to schedule your appointment.