Victims of dog bites face many different issues when they are seeking compensation for their injuries. North Carolina law is complicated regarding animal attacks, especially if there is any indication that the dog was provoked before attacking. If you have been attacked by a dog and injured, you will need to speak with a personal injury lawyer about your rights to seek compensation
Dog Attacks and Bites – Strict Liability or Negligence?
Dog bites may fall under two different categories of law in North Carolina. Each of these laws is very distinct and applies to different categories of attacks. When you add the fact that North Carolina is also a Contributory Negligence state, you can understand how important it is to seek legal representation from a dog bite lawyer when you have been harmed by a dog.
Strict liability laws apply to dog bites that occur by a dog that has already been deemed a dangerous dog. A dog can be classified as dangerous if they have previously bitten someone, has attacked or killed other animals in the past, or has chased their victim for more than 50 feet. Liability rules also apply to dogs that roam free at night.
If you have been attacked by a dog that fits this description, your attorney will seek damages against the owner under strict liability.
But what about a dog that has not attacked anyone previously?
Under the negligence laws of North Carolina, the owner of a dog can be held responsible for their actions if they have never attacked before under certain conditions. The laws state that the owner of a dog that is abused in any manner, raised to fight or attack, is of a knowingly aggressive breed, or is known to act aggressively towards people when not provoked, can be held responsible for an attack under negligence laws, even if their animal has never bitten anyone before. In this case, the owner should have known that there was potential for attack and should have acted in a manner to prevent such an attack.
Your personal injury attorney will determine which of these areas of responsibility apply to your case and file a lawsuit on your behalf accordingly.
North Carolina is one of the few remaining states that have very strict Contributory Negligence laws in place. What this means is that if an injury victim is found to have any responsibility in an accident, they cannot seek damages from the other party.
A North Carolina Personal Injury Lawyer Can Help
You do not have to face the often-frustrating legal issues surrounding a dog bite incident. Having an attorney represent your case will ensure that the case for compensation is filed correctly and that there is proof that you are not in any way responsible for the attack. Your attorney will seek the appropriate compensation based on your injuries and the losses you received as a result of the animal attack.
North Carolina law regarding animal attacks is very specific. Work with a lawyer that understands these complex laws and will aggressively represent your case.
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