What Happens When A Dog Bites My Child In North Carolina?
Key Highlights About Dog Bites Child North Carolina:
- What happens when a dog bites my child in North Carolina? A parent or guardian must file a dog-bite claim on behalf of a child as the child cannot settle on their own behalf.
- Children account for most of the dog-bite victims and tend to be the most severely injured people as a result of dog bites.
- Under NC law, a minor child cannot be found at fault for a dog bite.
- Before a settlement can be finalized, the judge must approve the settlement of a minor child.
- A minor child’s time limit for suing for a dog bite is suspended until they are 18 years old; a parent’s time limit for filing for medical bills does not stop.
When your child is bitten by a dog, your first reaction is fear, followed by a lot of questions: How serious is the injury? Who is liable? What happens when a dog bites my child in North Carolina? NC has its own set of laws regarding dog bites based on its unique “one-bite rule” and strict liability. Additionally, the laws in North Carolina offer special protections for children who have been injured by a dog and provide parents with real options.
Although the laws surrounding dog bite cases can seem overwhelming, there is no need to handle everything all by yourself while trying to help your child recover. Our NC dog bite lawyers at Tatum & Atkinson Law Firm are dedicated to helping you and your family protect your child’s rights and seeking the compensation you and your family deserve.
Contact us today at (800) 529-0804 for a free consultation on how we can assist your family during this difficult time. Don’t delay any longer, as key evidence can disappear with time.
What Happens When a Dog Bites My Child in North Carolina
Seek professional medical help even for a seemingly minor wound, as dog bite infections can happen quickly, along with the risk of rabies and tetanus. Contact your local health department to report your dog bite, as the dog is normally quarantined for 10 days; even vaccinated dogs are quarantined for this period.
If at all possible, identify the dog along with the owner, obtain copies of their vaccination records, take photos of your injuries & document whether or not the dog was on a leash at the time of injury. It is important to have all of the above documents ready when you file for a claim.
Why Dog Bites Hit Children Harder
Compared to adults, children are bitten at a higher rate. This occurs mostly due to the child’s size, and in these accidents, the injuries will usually impact the child’s face, head, or neck area. According to the Centers for Disease Control and Prevention (CDC), children are at a greater risk of suffering severe dog-related injuries; in fact, 20% of all reported dog-related injuries in children require immediate medical attention. And the psychological trauma from dog bites, such as fear, nightmares, and anxiety, may outlast the physical effects.
Who Is Responsible Under North Carolina Law
In North Carolina, a dog owner is liable for any harm caused by their dog based on the dog’s past abusive behavior, the dog’s legal status, and the level of negligence exhibited by the owner.
Strict Liability for a “Dangerous Dog”
In North Carolina, an owner of a legally defined “dangerous” dog is held strictly liable under N.C.G.S. § 67-4.4 if that dog injures a child. The child only has to show that the dog caused the injuries, not that the owner was aware that the dog was capable of inflicting an injury.
Negligence, One Bite Rule, and Dog Owner Liability North Carolina
If an owner knows their dog is aggressive, or if they are negligent, then they can be held liable for any injuries that the dog inflicts. Examples of negligence include violating leash laws and allowing dogs to run off-leash. An owner can also be held liable under North Carolina’s ‘one-bite rule’ if they already knew their dog had aggressive tendencies but failed to protect others. Multiple negligence issues could apply to a dog’s aggressive behavior.
How North Carolina Protects Injured Children
According to North Carolina law, a minor cannot be held liable for his or her wrongdoing, and any settlement agreement for a minor’s claim must be approved by a court.
The Under-Seven Rule
In North Carolina, a victim can be barred from receiving any compensation if they are even 1% at fault for an injury, as it follows a strict rule of contributory negligence. This rule does not apply to children under the age of seven, as the law does not consider them to be at fault. Children over the age of seven and under the age of fourteen are also rarely found to be at fault. Therefore, insurers cannot use the “your kid provoked the dog” defense to defeat the claim.
A Parent Brings the Claim
A child may not file a lawsuit or settle a claim themselves. A parent or court-appointed guardian, known as a guardian ad litem, will file the lawsuit on behalf of the child.
The Court Protects the Settlement
To ensure that the minor dog bite settlement for your child is completed, the settlement must receive a final and binding approval from the court. Most judges hold the settlement funds in a locked account until the child reaches 18 years of age, meaning the money cannot be touched until they become an adult.
Deadlines Are Different for Children
A minor’s claim is postponed, or “tolled,” until they turn 18. After they turn 18, they have 3 years (until they turn 21) to file suit under N.C.G.S. § 1-17. However, do not let this lull you into delaying: a parent must bring a separate claim for the minor’s medical expenses within the ordinary 3-year statute of limitations from the date of the dog bite child North Carolina, and evidence will fade within that time frame.
Compensation a Child May Recover
It is possible for a child dog bite claim NC to cover future medical expenses as well as plastic or reconstructive surgery costs, scar revisions, emotional trauma therapy, pain/suffering, and permanent scarring or disability. Most dog bite claims are filed under the owner’s Homeowners’ or Renters’ insurance policies instead of being paid out of the owner’s pocket.
How an Attorney Helps
When your child gets bitten by a dog, there are many aspects of the claim process you will need to manage while looking after your injured child.
There will be things like determining the appropriate liability rule, getting a guardian ad litem appointed if needed, assessing the value of injuries that will affect your child for years to come, working with the dog’s owner’s homeowners’ insurance, and getting the child injury claim approved and paid out to you.
But the good news is you don’t have to do this all alone. We, the Heavy Hitters, are here to handle those things for you so that you can focus on taking care of your child.
Protect Your Child’s Future: Talk to a North Carolina Dog Bite Lawyer
It’s scary to have your child bitten. If you are wondering, “What happens when a dog bites my child in North Carolina?” The immediate thing you need to do is get them the medical help they need, report the accident and the dog, and talk to an attorney for further guidance.
Since 2006, Tatum & Atkinson has assisted families dealing with the aftermath of dog bites from our Raleigh office (702 Glenwood Ave.) and throughout North Carolina. Our Heavy Hitters know the laws governing dog bites in North Carolina, including the special protections for injured children. We know how to properly assess the child’s injury to ensure compensation covers both current and long-term medical needs.
Call (800) 529-0804 for a free consultation. We work on contingency, so there is no fee unless we recover for you, and the first call costs nothing.
Frequently Asked Questions
My child may have provoked the dog. Do we still have a claim?
It is possible that your child will be considered not at fault if they are under the age of 7, according to North Carolina law. In children older than that, their behavior will be judged according to what is appropriate for their age, not for adults.
Do I have to sue a friend or family member whose dog bit my child?
Usually, the claim will be paid for from the homeowner’s or renter’s insurance, rather than from the friend or family member’s personal finances, and so there is no harm in pursuing the claim.
What does it cost to talk to a lawyer?
You will not incur any costs for a free consultation regarding the matter, and most of these types of cases are handled on a contingency fee arrangement, meaning that you will not owe any fees unless there is a recovery of damages.
