Nebraska Dog Bite Laws

An incident at Holy Name School in Omaha, Nebraska, resulted in three children sustaining minor bite injuries from an unleashed boxer/pit bull mix. The Nebraska Humane Society responded and cited both the owner and caretaker for multiple violations, including failure to leash and license the dog, maintain rabies vaccinations, and control its menacing behavior. Due to the lack of current vaccinations and potential rabies concerns in the area, the NHS made the difficult decision to euthanize the dog.

This incident illustrates the importance of responsible pet ownership and adherence to safety regulations. As the American Veterinary Medical Association reports, children are disproportionately harmed by dog bites, especially during normal play or interaction with familiar dogs. To prevent such incidents, Nebraska law requires dog owners to follow specific guidelines.

With that in mind, this article delves into Nebraska's dog bite laws and the rights of victims in unprovoked dog attacks, offering valuable information for all pet owners and community members.

Dog Owner Responsibilities in Nebraska

In Nebraska, dog ownership comes with conditions and responsibilities. Certain cities, like Springfield, Omaha, Bellevue, and Waterloo, require pet licensing to verify current vaccinations and facilitate lost pet identification.

Every dog owner should ensure their pet wears a suitable collar with a firmly attached metallic plate. This should clearly display the owner's name, while the collar itself must be securely fastened around the dog's neck.

Moreover, dog owners are responsible for their pets' behavior. While local regulations may not set specific limits on barking duration, excessive noise caused by a dog can lead to neighbor complaints. Should this occur, Animal Control might intervene and remove the dog from the owner's property to address the issue. Reclaiming the animal then falls to the owner, along with potentially covering associated costs or penalties.

Breed-Specific Legislation in Nebraska

While Nebraska has not enacted statewide breed-specific legislation, individual cities and counties have implemented regulations targeting particular dog breeds.

Omaha, for instance, imposes restrictions on breeds like pit bulls, dogo argentinos, cane corsos, presa canarios, and American bulldogs. Residents owning a dog older than six months that belongs to any of these breeds must keep it leashed, muzzled, and harnessed whenever outside its securely fenced yard. Additionally, the dog must be kept under the watch of someone at least 19 years old.

Similarly, Wayne classifies pit bulls as "vicious," including American Pitbull Terriers, Staffordshire Bull Terriers, American Staffordshire Terriers, and any mixed-breed dogs exhibiting their characteristics. 

Liability Standards in Nebraska Dog Bite Cases

Under Nebraska's strict liability laws, dog owners, regardless of negligence, are legally responsible for injuries their pets inflict on others. This means victims can seek compensation even without proving the owner knew of the dog's dangerous propensities.

However, strict liability does not apply to injuries sustained while trespassing, as dog owners typically do not have a duty of care toward uninvited guests. Additionally, it does not cover bites caused by police or military dogs during lawful duties.

Moreover, the law does not cover damages caused by playful or mischievous canine behavior. Some find this clause puzzling, arguing that discerning a dog's intent is impossible.

Statute of Limitations in Nebraska for Dog Bite Cases

In Nebraska, individuals injured by a dog bite have a four-year window to seek justice through a personal injury lawsuit. This means that, after the date of the incident, they have a maximum of four years to initiate legal proceedings to recover compensation for their damages. Should they wait beyond this four-year statute of limitations, the court will likely dismiss their case.

It is crucial to note that the timeline for filing a wrongful death claim stemming from a dog bite differs significantly. In such cases, bereaved families only have two years from the date of their loved one's passing to file a wrongful death lawsuit.

Civil Penalties for Dog Bites in Nebraska

As previously stated, dog owners hold the legal burden for any harm their canine companion inflicts upon another, with trespassers being the sole exception. This responsibility transcends negligence, meaning even unintentional damage necessitates accountability. 

Should the owner lack dog bite insurance, the financial responsibility for the victim's medical costs falls entirely upon them. These expenses can range from delicate plastic surgery and skin grafts to ongoing physical therapy.

Furthermore, an animal control officer has the authority to confiscate any dog considered dangerous. The owner is expected to cover the costs related to their dog's care, which may include euthanasia if deemed necessary by qualified professionals.

Criminal Penalties for Dog Bites in Nebraska

Following an attack by a dangerous dog that causes serious bodily harm to another person, the owner will face a Class I misdemeanor charge for the first offense. Any subsequent incident will escalate the charge to a Class IV felony, regardless of whether it was the same dog.

Residents with prior convictions for dangerous dog offenses will face a Class III-A misdemeanor charge if their pet attacks another person or domestic animal. The animal control authority will then take possession of the canine, subjecting it to a mandatory quarantine period before humane euthanasia.

For legal purposes, a "dangerous dog" is designated by a judge based on historical incidents involving serious human harm or unprovoked attacks on other pets.

Reporting and Handling Dog Bite Incidents

Here is a general guide as to what one should do in case of a dog bite in Nebraska:

Step 1: Seek Medical Attention

Even minor skin punctures from a dog bite can harbor bacteria from the animal's mouth and saliva, leading to dangerous infections. Therefore, medical evaluation is crucial. Depending on the severity of the bite, treatment may involve bandages, stitches, rabies vaccinations, wound cleaning, or even surgery. 

Note that obtaining copies of medical reports, bills, treatment plans, and prescriptions is essential for documentation purposes.

Step 2: Gather Evidence

The victim, or someone acting on their behalf, should gather detailed records of the incident. These include the date and time of the attack, photos of the injury, and potential eyewitness accounts. While memories are fresh, a written description of the events is also advisable. All these may be valuable evidence in future injury claims.

Step 3: Contact the Authorities

Contacting local animal control and, if necessary, the police, is crucial. This will result in an official record of the attack, which is critical if the animal falls under the "dangerous dog" or "potentially dangerous dog" category. Animal control will then contact the dog owner for further investigation. Depending on the pet's vaccination status, arrange for quarantine at home or with a licensed veterinarian or the Nebraska Humane Society.

Step 4: Consider Legal Counsel

Once the owner and authorities have been notified, consulting a dog bite attorney is wise. A lawyer can advise the victim on potential options for compensation and guide them through the legal process of seeking damages for their injuries.

By following these steps, a dog bite victim in Nebraska can prioritize their well-being and ensure they have the necessary evidence and legal support to deal with the impact of the attack.

Finding a Dog Bite Attorney in Nebraska

When faced with a dog bite injury in Nebraska, victims have the right to seek compensation for their medical bills, lost wages, and pain and suffering. However, navigating the legal process and securing fair compensation can be tedious, especially for someone recovering from serious injuries.

This is where an experienced Nebraska dog bite attorney can be helpful. They can guide victims through the entire process, from filing the necessary paperwork to building a compelling case. Attorneys can:

• Gather essential evidence: This includes acquiring copies of medical records, police reports, animal control reports, and other documents relevant to the incident.

• Negotiate with insurance companies: Attorneys can handle communication with insurance companies and advocate for a fair settlement.

• File a lawsuit: If necessary, attorneys can represent victims in court and ensure their rights are protected throughout the legal proceedings.

Overall, investing in an attorney's expertise can significantly improve the chances of securing a successful outcome for a dog bite injury claim. By taking the burden off the victim and ensuring proper documentation and legal representation, an attorney can enable victims to focus on healing and move forward from their ordeal.

Other Resources for Dog Bite Victims in Nebraska

Navigating the aftermath of a dog bite can involve more than just a courtroom. As such, this section delves into resources available in Nebraska to support victims on their journey to recovery.

Nebraska Humane Society

Founded in 1875, the Nebraska Humane Society champions responsible pet ownership and enforces ordinances for dangerous dogs in Omaha and parts of Sarpy County. Through a contractual agreement, the organization provides animal control services while simultaneously offering refuge and rehabilitation to lost, abandoned, and mistreated animals found roaming freely. Its renowned Molly Project specifically focuses on rehabilitating aggressive, hostile, and anxious dogs once deemed "unadoptable and untreatable."

Legal Aid of Nebraska

A cornerstone of justice in Nebraska for over 50 years, Legal Aid of Nebraska is committed to providing free legal assistance and resources to low-income individuals and families throughout the state. With a dedication to equal access to justice, the organization offers free civil legal services across all 93 Nebraska counties. 

Through its selection of offices in Lincoln, Norfolk, Grand Island, Omaha, Bancroft, North Platte, Scottsbluff, and Lexington, Legal Aid of Nebraska ensures readily available support for those facing legal challenges and seeking fair representation.

Nebraska Free Legal Answers

Nebraska Free Legal Answers bridges the gap for low-income residents facing legal challenges without access to costly private attorneys. This online platform, operated by the American Bar Association, serves as a lifeline for Nebraska's underserved communities. Individuals can submit legal questions through a secure website and receive pro bono guidance from volunteer attorneys. By connecting legal professionals with those in need, Free Legal Answers empowers individuals to navigate the often-complex legal landscape.