Common Defenses For Dog Bite Attacks | North Carolina Dog Bite LawyerIf you have been bitten by a dog in North Carolina and attempt to recover compensation, you may find that the owner of the aggressive dog, the person responsible for the dog attack, or the insurance company involved will make several arguments that they were not liable for the dog bite and subsequent dog bite injuries. While many laws in North Carolina are meant to protect the victim of a dog bite incident, there are several common arguments made by the defense that they say prove that the owner was not at fault.
Here are the three most common dog bite defenses:
• The dog had no history of aggression. North Carolina is one of only 18 states that follows the “one bite rule,” which basically allows dogs with no history of violence or aggression to bite one person without consequences. Thus, it is common to hear the other side arguing that the dog in question never showed any aggressive behaviors to humans or other animals and that the dog bite was an isolated incident without precedent.
• The dog bite victim was trespassing. Some dog owners or property owners will argue that at the time of the dog attack, the victim was on someone else’s property uninvited. There are a number of valid counter-arguments to this trespassing defense, including implied invitation.
• The dog was provoked. Many insurance companies or dog owners will argue that the dog would have never attacked the person unless provoked first – and that the dog is never aggressive with people who do not provoke the dog. They may claim that even a slight movement, action, or sound provoked the dog.
At Brent Adams & Associates, we are very familiar with North Carolina dog bite law as well as the counter-arguments to the defenses above. If you have been attacked by a dog and are seeking compensation, call us today for a free consultation.