My Child Was Bitten In The Face By A Dog In North Carolina. What Are Our Rights?
In North Carolina, dog bite cases are governed by specific legal rules that determine when and how a dog owner can be held responsible for injuries caused by their pet. Understanding these rules can help you make informed decisions about pursuing compensation and addressing your child’s injuries. North Carolina law provides important protections for dog bite victims, and by knowing your rights, you can take steps to seek justice and support your child’s recovery.
Understanding North Carolina’s Dog Bite Laws
North Carolina handles dog bite cases using a combination of strict liability and negligence rules, and understanding these concepts is key to determining the dog owner’s liability and your potential grounds for compensation.
- Strict Liability For Dangerous Dogs. North Carolina law has specific provisions for dogs classified as dangerous or potentially dangerous. A dog is considered dangerous if it has attacked and seriously injured or killed a person without provocation or if it has been used for dog fighting, while a dog may be labeled potentially dangerous if it has exhibited threatening behavior, such as injuring or killing another animal or biting a person. In cases involving dogs with these designations, North Carolina applies strict liability, meaning the owner can be held automatically liable for damages without the need to prove negligence.
- Negligence Rule For Dog Owners. For dogs not classified as dangerous, North Carolina applies the one-bite rule for liability in dog bite cases. This rule generally makes it more challenging to hold an owner accountable if the dog has no history of biting or aggression. However, if the owner knew or should have known that their dog had aggressive tendencies, they could still be liable under negligence. In such cases, you would need to prove that the owner did not take reasonable precautions to prevent the bite.
Gathering Evidence After A Dog Bite
Building a strong case requires gathering thorough evidence of the attack, injuries, and the dog’s background.
- Identify The Dog And Owner. Start by obtaining the owner’s name, address, and contact information. Knowing the dog’s owner is crucial to understanding its history and any prior behavior issues.
- Report The Bite To Animal Control. File a report with local animal control authorities. They can investigate the incident and check if the dog is already classified as dangerous. This report serves as official documentation and may reinforce your case.
- Photograph Injuries And Scene. Take clear photographs of your child’s injuries as soon as possible, and continue to capture the healing process over time. These images help convey the injury’s severity, which can be valuable in a claim or lawsuit.
- Gather Witness Statements. If there were witnesses to the incident, gather their accounts of what they saw. Statements describing the dog’s behavior before, during, and after the attack can help establish whether the owner was aware of the dog’s aggressive tendencies.
Seeking Medical Attention And Documenting Injuries
Prompt medical care is essential following any dog bite, particularly if the face is involved, as these injuries can lead to significant pain, scarring, and psychological trauma. Besides safeguarding your child’s health, prompt medical attention also provides critical documentation of the injury.
- Medical Records And Bills. Collect detailed medical records that outline your child’s injuries, treatments, and any required surgeries. Keep all related bills, as these will form the basis for calculating compensation.
- Psychological Trauma. Facial dog bites, especially for children, can result in long-term psychological effects such as PTSD and anxiety. Document all mental health consultations, therapy sessions, and associated expenses to support claims for emotional trauma.
- Long-term Care And Cosmetic Procedures. Facial injuries may require ongoing care, including reconstructive or cosmetic surgeries. Record any medical recommendations and anticipated costs for future treatments to ensure they are considered in potential compensation.
Pursuing Compensation For Damages
If the dog owner is deemed liable, you may seek compensation for both economic and non-economic damages to address the impact of the injury on your child’s life.
- Medical Expenses. Compensation may cover all medical costs related to the injury, including past, current, and future expenses such as surgeries, physical therapy, and mental health support.
- Pain And Suffering. These damages account for the physical pain, emotional distress, and trauma your child has endured due to the bite.
- Scarring And Disfigurement. Facial bites often leave lasting scars that can affect a child’s self-image and emotional health. Additional compensation may address these permanent physical changes.
- Loss Of Enjoyment Of Life. If the injury has reduced your child’s ability to enjoy daily activities or engage socially, you may also pursue compensation for this loss in quality of life.
Filing A Lawsuit And Statute Of Limitations
In North Carolina, dog bite victims have up to three years from the date of the injury to file a personal injury lawsuit. This deadline, known as the statute of limitations, is essential, missing it can mean losing your right to seek compensation. If negotiations with the insurance company don’t lead to a fair settlement, you may consider filing a lawsuit.
- Comparative Negligence In North Carolina. North Carolina follows the doctrine of contributory negligence, which means that if your child is found even partially responsible for the incident (for instance, if they provoked the dog), you may be barred from receiving compensation. An attorney can help address or counter any claims of contributory negligence.
- Trial And Settlement Options. Many dog bite claims are resolved out of court through settlements. However, if negotiations don’t yield a fair offer, your case may proceed to trial, where you’ll present evidence to pursue the compensation your child needs and deserves.
The Role Of A Personal Injury Attorney
In cases involving serious injuries, such as facial bites, a personal injury attorney can be instrumental in ensuring your child’s rights are protected and that any long-term impacts are considered.
- Case Assessment And Strategy. A dog bite attorney can assess your case’s specifics, gather evidence, and develop a targeted strategy to pursue compensation.
- Dealing With Insurance Companies. Attorneys bring expertise in dealing with insurance adjusters, advocating for fair compensation that accurately reflects the extent of your child’s injuries and needs.
- Representation In Court. Should your case go to trial, an attorney will represent your interests, ensuring the responsible party is held accountable and that you present a strong case for the compensation your child deserves.
Has Your Child Been Bitten By A Dog?
 If you or a loved one has been severely injured, don’t delay – call (800) 529-0804 right now for a free consultation with an expert car accident lawyer. When dealing with a stressful situation, you need a knowledgeable personal injury team to guide you through the recovery process. Contact Tatum & Atkinson, PLLC right away! There is no obligation, and it will not cost you anything to learn about your legal possibilities for pursuing compensation.
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