An 8-year-old child was mauled to death by two family dogs over the Thanksgiving weekend in Onslow County, North Carolina. Deputies responded to a 911 call about a dog attacking a minor. Responding to law enforcement, deputies found the young boy with “bite marks on the neck.” They performed life-saving measures while they transported him to the Naval Medical Center at Camp Lejeune, where he later died from his injuries.
Investigators report that the child and his siblings were letting the dogs out of the house into the backyard to use the background when the pitbull and great Dane mixes attacked them. Before the attack, family members stated the dogs never showed any signs of aggression. They were not known to the County Animal Control office or local law enforcement before the mauling.
Understanding North Carolina’s Dog Bite Laws
Under North Carolina laws, there are three main theories for recovering compensation after a dog bite: strict liability, negligence, and negligence per se. North Carolina is one of only a few states that enforce the One-Bite Rule, which is a form of strict liability. A dog that has bitten someone or another dog once is deemed a ‘potentially dangerous dog.’
Owners must take special measures to ensure the safety of those around their pets. If you are bitten by a dog with a history of attacks, it can help establish evidence of the owner’s negligence. According to the North Carolina General Statutes, a ‘potentially dangerous dog’ is defined as one that has:
- Bitten a person, resulting in broken bones, disfiguring lacerations, or requiring cosmetic surgery or hospitalization; or
- Killed or severely injured a domestic animal off the owner’s property or
- Approached a person off the owner’s property in a vicious or threatening manner, showing clear signs of attack.
In practical terms, if a dog has never bitten anyone and the owner had no reason to consider the dog dangerous, they may not be held responsible for injuries from the dog’s first bite. Conversely, if the dog has previously been bitten or if the owner knew about the dog’s aggressive behavior yet did not take reasonable precautions to prevent a bite, they could be liable for any injuries that occur due to the dog.
Recovering Compensation for Injuries Caused by the Dog Owner’s Negligence
Even if a dog has not been dangerous in the past, a dog bite victim may still be able to recover compensation under the legal theory of negligence. Under this theory, an injured person can recover damages if he or she proves two elements:
- That the animal was dangerous, vicious, mischievous, or ferocious, or one termed in law as possessing a vicious propensity; and
- That the owner or keeper knew or should have known of the animal’s vicious propensity, character, and habits.
The injured person does not have to prove that the defendant owned the dog. To recover, an injured person only must prove that the defendant was ‘keeping and harboring’ an animal that he knew to be vicious.
Dog Bites and Negligence Per Se in North Carolina
Finally, suppose the dog’s owner or keeper violated a local ordinance or state statute when the attack happened. In that case, the victim may recover compensation under a theory of negligence per se. Violating a statute that imposes a duty on the defendant to promote the safety of others, including the plaintiff, is considered negligence per se. In these cases, the victim only needs to prove that the dog bite incident occurred and that the owner violated a dog safety law meant to protect others from being attacked. Once those elements have been established, the victim must prove damages caused by the dog bite or mauling.
The Importance of Contacting an Attorney as Soon As Possible
Like any injury claim, a dog bite victim’s case is time-sensitive. In North Carolina, the statute of limitations for dog bite injuries is three years from the date of the attack. During this period, victims should gather documentation to verify their damages and losses from the attack. This includes records of lost wages due to missed work, expenses for medical treatments and corrective surgeries, and assessments of any property damage.
Additionally, victims can include intangible damages, such as pain and suffering, in their claims. Our dog bite lawyers in Charlotte will provide further details during a consultation. Don’t hesitate to contact Arnold & Smith, PLLC, to schedule a complimentary, no-obligation consultation.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://blog.dogsbite.org/2024/12/family-dogs-kill-8-year-old-boy-onslow-county-north-carolina.html
Image Credit:
https://www.freeimages.com/photo/dog-1361477
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