Bitten by a Dog in NC?

The law regarding dog bites in North Carolina is truly Byzantine, even for attorneys.  We are told that these sorts of claims are “strict liability” – which means that the dog owner is responsible when his dog hurts someone, period, regardless of the circumstances.  That’s kinda true and kinda not.

Despite the whole “strict liability” thing, the outcomes of dog bite/dog attack claims can be heavily influenced by the facts surrounding the attack.  They often require a thorough investigation of the history of the dog as well as the facts leading up to the incident, not to mention a good understanding of dog bite law in North Carolina.

And even with “good” facts that support a solid liability argument, where is the compensation going to come from?  Does the owner have assets?  Insurance?  Were you bitten while working, so is it a worker’s compensation claim?  There’s so much to find out!

Here are some things you should think about:

• Does the dog have a history of being aggressive towards you?  To other neighbors, maybe? Do you know of anyone personally who has been attacked or had another dog attacked by this dog?
• Does this dog belong to someone in an apartment? A house?  Do you know if they rent or own?
• What did the owner say after this occurred?  Was there any interaction before the attack?  Remember details and record them however you can!
• Document witnesses!  Take pictures!  Get statements!
• If you can, secure homeowners/renters insurance information IMMEDIATELY following the accident.

And what about the injuries?  I’ve seen little scratches from dog attacks and horrific lacerations.  Dogs can cause horrific damages to their victims, especially when the victims are small children.  Consider the damages and what the claim is worth before you decide to make a claim.

Your inclination may be to handle the claim on your own, and THEN if things get hairy (hah!) to seek help from an attorney.  But I’m not sure if this is always a great idea.  If you don’t practice personal injury law for a living, is now the time to try to learn how?  If you don’t do this for a living, how many mistakes are you going to make before you get an attorney?  And are those mistakes going to be reparable?  Or are you just making things worse for you and your claim and making your future attorney’s job harder/impossible?   Personally, I think your case is too important to risk rolling the dice on it.  Talk to an attorney who has handled these cases before– that could be me! – and see what s/he can do to make this process go more smoothly for you.

Call me now and I’ll be glad to discuss your claim with you and let you know what I can do to help.