After the initial trauma and medical treatment following a dog bite, a victim begins learning about their rights. Injury cases in North Carolina that result from dog bite attacks follow unique statutes. Provisions on the county-level vary as well--Cumberland County imposes a $500 fine--so it is important to document every case carefully.
Negligence. Learn about the difference between negligence and gross negligence. A court might find a dog owner negligent in maintaining adequate fencing. However, dogs with a documented history of attacks or escapes might require specialized containment--if the owner is found to be aware of this requirement and failed to take appropriate measures, their actions could be found unreasonably careless.
One-Bite Rule. As of this writing, only about 18 states across the country impose a One-Bite Rule and North Carolina is included. The rule generally provides that the owner of an otherwise non-aggressive dog with no history of biting would not be responsible for the dog's initial attack. Instead, the owner of a dog with at least the history of one bite would be liable for all future attacks. Our attorneys explore the One-Bite Rule in depth here.
Statutes of Limitations. Sometimes dog attack victims decide not to pursue an injury claim, but change their minds at a later time. This happens for a number of reasons. Perhaps the victim's family member owns the dog and they want to avoid family conflict, or the dog could be owned by a friendly neighbor or co-worker. In some cases the injuries don't seem very severe, but later on the victim learns nerves were permanently damaged. In any case, dog bite victims in North Carolina must follow the personal injury statute of limitations. The statute provides three years from the date of injury. Even if an attack occurred two years and eleven months ago, the victim still has the legal opportunity to file a claim for damages.
Every dog bite case is unique. Victims researching North Carolina dog attack laws should gather as much information as possible. Fortunately, our injury law firm provides free case reviews. We work every day on behalf of injured parties and now how important it is for individuals to understand their rights, the law, and how they can recover in the best way possible.