What Happens When A Dog Bites Me Or A Loved One In The Face In North Carolina?
Key Highlights:
- A facial dog bite North Carolina will cause nerve damage, broken bones, injuries to the eyes, and scarring.
- Children are far more likely than adults to be bitten on the face, resulting in a dog attack facial injury and lawsuit.
- North Carolina applies the principle of strict liability where the dog is labeled “dangerous,” which is called dangerous dog liability NC.
- In the absence of this labeling, liability may be proved using a one-bite or negligence approach.
- Normally, the homeowner’s insurance company will defend, but a defense is always available. The three-year period is the statute of limitations, and the 1% rule will apply.
What Happens When a Dog Bites Me or a Loved One in the Face in North Carolina?
A dog bite to the face stands out from all other injuries in many ways. The attack occurs suddenly, it affects the most exposed and sensitive area of the body, and its effects can scar you permanently, physically, and mentally.
Being a unique injury in terms of legal implications, too, this issue calls for specialized knowledge. Here is a summary of the medical and legal aspects of dog bite to the face injuries in North Carolina.
I am Robert Tatum, an attorney with Tatum & Atkinson Law Firm. The law firm has been operating since 2006 as a veteran-owned business serving clients through many types of cases. Our lawyers have over 65+ years of combined experience in handling facial dog bite cases in North Carolina. If you have sustained an injury to your face as a result of a bite from a dog, we have the expertise and will use all our resources to advocate for you and to achieve the best possible outcome for your case.
Why Dog Bites on the Face are So Dangerous
Here is why dog facial bites are so much more dangerous than bites to other areas.
The Face has No Defense
Unlike a limb, the face is a vulnerable area made of soft tissues, with many nerves, blood vessels, and structures that cannot be regrown; thus, any bite causes severe injuries that cannot be hidden from anyone.
Typical Injuries to the Face
Injuries to the face by dogs may include serious lacerations and puncture wounds, avulsion wounds when tissues are torn off, injury to the facial nerves responsible for controlling facial movements and feelings, fractures of the nose, cheekbone, or jaw, eye and eyelid damage, and permanent scars.
High Risk of Infections
The dog’s mouth is home to many bacteria, and any deep wounds are at high risk of infection, apart from potential complications such as rabies and tetanus.
Why Children Are at Particular Risk
Young children are one of the groups that receive a large proportion of dog bite attacks. Young children get most dog bites to the head or neck. The CDC indicates that, in comparison to adults, young children are more likely to receive a bite and suffer more serious injuries due to the bite. One in five injuries from dog bites requires some level of medical intervention.
An adult may be bitten on their arm, but the next child might be bitten on their face, both physically and emotionally.
First Aid after a Dog Bite to the Face
Here are the steps you need to take immediately after someone has been bitten by a dog on the face.
Seek Medical Attention Right Away
The wound will probably require specific closure to reduce any scarring, which is why you should go to the emergency room and not wait and see how things develop. You can apply pressure on the way to stop the bleeding.
Treatment for Infections, Rabies, and Tetanus
Healthcare providers will clean and flush out the wound and determine if there is a need for rabies and tetanus injections. In North Carolina, the dog bite has to be reported to the local health authorities; the dog is usually quarantined for ten days, even if it has been vaccinated against rabies.
Find the Identity of the Dog and Its Owner
The identity of the dog and its owner, along with the dog’s vaccination history, needs to be obtained at this stage. This determines which law applies in the future.
Documentation
Photographs have to be taken at the time of the incident and during the entire healing process. All the documents related to the medical care have to be saved, and the witness’s identity has to be ascertained.
Treatment, Restoration, and Recovery
The treatment, restoration, and recovery involve multiple steps.
Emergency Treatment to Reconstruction
Following the immediate treatment, many facial dog bite North Carolina wounds will need plastic surgery or reconstructive surgery. Serious wounds may result in multiple surgeries as well as scar revision surgeries over time.
Restoration
Restoration will include surgery for nerve damage repair, therapy for functionality, and dental care if the wound has entered the mouth or jaw area. Healing is not usually fast.
Emotional Effects
The effects of an injury to the face may include anxiety, depression, social isolation, and post-traumatic stress disorder. This applies especially to minors. Counseling is usually involved in recovery, and its costs should be included in the claim.
Dog Bite Law of North Carolina
North Carolina adopts a mixed approach, which implies that there are several ways in which an owner can be held liable for his negligence. It is recommended to plead several causes of action at once to secure victory in case of a trial.
Strict Liability for the “Dangerous Dog”
Pursuant to N.C.G.S. § 67-4.4, if a dog is a “dangerous dog” within the meaning of § 67-4.1 (a dog that was already aggressive towards people or declared by authorities as dangerous), then the owner will be strictly liable for its actions under dangerous dog liability NC. The plaintiff will need only to prove that the dog inflicted damage, but not that the owner saw it coming.
The One-Bite Doctrine
When it comes to non-dangerous dogs, owners will be liable if they knew about or should have known about the dangerous disposition of their pet (its viciousness or tendency to attack people). Note that, although it is called the “one-bite doctrine,” the dog is not allowed to make one bite before being liable.
Negligence and Leash Laws
If a pet owner fails to comply with any leash laws or any animal control ordinances, such as in Wake County, where animals must not be allowed to run at large, or if a person uses unreasonable care, they will be negligent. Allowing a dog to run at large at night can result in strict liability alone.
Evidence, Insurance, and Compensation
Strong evidence leads to getting most insurance as well as compensation.
Evidence That Supports Your Case
The strongest cases will have photos of the injuries and the incident location, along with the medical and surgical records, an animal control or health department report, the dog’s bite history, and evidence that the dog was unsecured or aggressive.
Handling Homeowners’ Insurance
It is likely that most cases involving dog attack facial injury will be covered by the homeowner’s insurance policy. It is also likely that the insurance company will discount the scarring, claim that you instigated the dog’s actions, or make a quick, lowball settlement offer before fully comprehending the extent of surgery required.
Potential Compensation You Can Recover
Claims may include an award/recovery for past and future medical care/evaluation expenses, any surgery done on you, or that will be needed in the future, and any costs associated with post-surgery care, pain, and suffering. Lost wages from you due to the accident, and additional costs you incur in treating injuries resulting from the accident, are often part of a dog bite scarring claim.
The Approach by Which a Lawyer Proves a Dog Bite Facial Case
There are two important aspects involved in these lawsuits: first, proving the liability of the owner according to the proper theory; and second, determining the true worth of the visible injury suffered.
The NC dog bite lawyer identifies…
- proper theory (whether the case should be brought in terms of dangerous dog strict liability, one-bite, or negligence),
- obtains all pertinent animal control and medical records,
- brings in the doctors who performed the surgeries to establish permanence and future surgical expenses,
- and makes sure that the insurance company settles before it comprehends the seriousness of the scars suffered.
We are careful not to allow the provocation or 1% doctrines used by insurance companies.
Bitten by a dog on the face in North Carolina? Then speak with us.
You are in for a scary experience if you have been bitten in your face, having to make several decisions on how best to seek medical attention under pressure, all the while handling insurance claims filed by the owner of the dog that wants to reduce their liability, and you do not have to go through all of the legal aspects of this alone, and that too is without any cost.
Tatum & Atkinson has been defending victims of facial dog bite North Carolina since 2006, out of our Raleigh office at 702 Glenwood Avenue and throughout North Carolina. The Heavy Hitters, your trusted NC dog bite lawyer team, understands the laws in North Carolina about dangerous dogs and the one bite rule, the 1% dilemma, and putting a proper valuation on scarring and future surgery.
Contact us at (800) 529-0804 for a free consultation. We operate on a contingency basis, and there is no fee unless we win for you. The first phone call is free.
Frequently Asked Questions!
Does it matter if the dog has never bitten anyone before?
Not necessarily, however. Strict liability would apply if the dog was dangerous according to state statute or if the dog were wandering in violation of a leash law, even if it was the dog’s first bite, a key part of dangerous dog liability NC. Otherwise, what the owner knew about the dog’s propensity will be the main issue in determining liability.
My child was bitten in the face. Does provocation hurt our claim?
In North Carolina, a minor under the age of seven years is not considered liable, so the provocation defense would not apply in a dog attack facial injury case. Reasonable conduct for children is based upon what is expected of a child’s age, not of an adult.
Who actually pays for a dog-bite injury?
Homeowners insurance and renters insurance for pet guardians/buyers typically do not need to be filed against your friend or neighbor. Rather, the lawsuit is against their insurance policy.
What does it cost to hire a dog-bite lawyer?
None. The NC dog bite lawyer case is taken on a contingency basis, and the initial consultation is free.
Will my case go to trial?
Most dog bite cases are settled. However, in the case of a dog bite scarring claim, the settlements are often inadequate, and the case needs to be tried.
