North Carolina Dog Bites & Animal Attacks

If you were bitten by someone else's dog in North Carolina, you may be entitled to compensation from the dog owner or his or her insurance company to reimburse you for costs related to your dog bite injury.

One-Bite Laws

In North Carolina, a dog owner is not responsible the first time his or her dog bites someone, but if the dog bites anyone after that, the owner is responsible for any injuries caused by the bite.

One-bite laws do not care how much time passes between the first bite and the second bite. Nor does it matter if the dog bites the same person or a different person the second time.

There is an exception to the one-bite rule, but the circumstances are fairly narrow. To be able to collect from a dog owner whose attack on you was its first, the dog needs to:

• Be more than six months old
• Have bitten you at night
• Be running around "at large" off its property, intentionally set free by the owner

If you were bitten by a dog in North Carolina, you and your personal injury lawyer will have to determine whether the dog has previously bitten anyone or if the owner knew the dog had the potential to bite.

Missouri, Texas, and Virginia are also have one-bite laws.

Negligence Laws

North Carolina laws will also hold a dog owner responsible if the owner acts with negligence and the dog injures someone. Negligence means that a person failed to act with reasonable care and someone was injured as a result.

For example, an owner would probably be negligent if he or she let a dog with a tendency to bite roam through the neighborhood without a muzzle, and the dog bit someone.

To prove negligence, you must show:

• The dog's owner had a responsibility not to injure you and failed to live up to that duty
• There is a connection between the dog owner's responsibility and your injury
• You suffered damages, or a financial loss, as a result of the dog bite

North Carolina law may reduce the total amount you can recover if it's found that your carelessness contributed to your injuries.

If You Are a Victim

If you are the victim of a dog bite, you may be able to recover money from the dog's owner (or his or her insurance company) to compensate you for:

• Medical bills, including medication and future treatment for scar reduction
• Mental health counseling
• Lost wages
• Torn clothing
• Pain and suffering

How Long Do You Have to File a Claim?

North Carolina law gives you three years from the date of the dog bite to file a claim against the dog's owner. (This is known as the statute of limitations.) If you and your North Carolina personal injury lawyer are unable to negotiate a settlement with the other party (or their insurance company), you should consider filing a lawsuit before the statute of limitations runs out.

If your injury claim is for $10,000 or less, you would file your personal injury lawsuit in the North Carolina district court that has jurisdiction. For injury claims worth more than $10,000, you would file your lawsuit in the appropriate North Carolina superior court.

Personal Injury in North Carolina

The North Carolina Court System's frequently asked questions about civil cases

North Carolina Department of Environmental and Natural Resources Dog bite prevention