Dog Attack Liability in NC

Liability for dogbites/dog attacks (let’s just use the latter for now, because it doesn’t have to be a bite for it to be bad) in North Carolina can be a bit confusing.

Nominally, there is strict liability for dog attacks in NC. But it’s very contextual. IF a dog owner has knowledge of a dog’s “dangerous propensities” and the dog causes injury, then they’re on the hook. So what does all of that mean?

First, you have to show that the dog possessed “dangerous propensities.” This is just another way of saying that the dog had a history of doing something that might cause injury. Had it bitten a dog before? A person? Does it love to jump up and knock people down? Those are all dangerous propensities.

Second, you have to show that the owner was aware of those propensities. Assuming the previous action happened on the owner’s watch, then they’re aware. Though you can imagine some scenarios where this might not be the case.

This has led to the nomenclature of the “One Bite Rule.” That essentially means if your dog is sweet as sugar and has never done anything bad to anything or anyone, THEN it does, it’s first bit of shenanigans gets a pass because you weren’t aware of any dangerous propensities.

But after that, now you might be on the hook. After a dog has been involved in an attack (bite, tackle, whatever), the owner is theoretically legally liable for the damages caused by all future incidents.

The history of the one-bite rule goes back to English Common Law. That’s right, we still employ legal principles that were invented before people bathed regularly and slavery was no big deal. Although the majority of states have amended these laws, some have not (I’m looking at you, backwards ass NC legislature).

While North Carolina still has the One Bite Rule, you aren’t necessarily stuck with that. You can still make a normal negligence argument stick in a situation where you can prove that a reasonably prudent person in the same or similar circumstances would have acted differently. However, this also puts into play another stupid old English Law we have – Contributory Negligence – so watch out for that.

Like many injury claims, dog attacks can be complex. It’s worth talking to a lawyer, so if you’re in this unfortunate situation, call a lawyer. Call me. 919-929-2992.