Nevada Dog Bite Laws

Many people consider dogs to be members of their families. The bond that humans have with their canine pets produces oxytocin, which triggers feelings of happiness. However, while dogs have an irresistible charm and playful demeanor, they can also show aggressive behavior, which can cause them to attack other dogs and humans. 

Every year, dogs bite an estimated 4.5 million people in the United States. Recently, in Nevada, an eight-year old sustained grave injuries after suffering a dog attack at Riverboat Road in Dayton. Despite the fact that the dog, a 50-pound Shar Pei, belonged to the child’s family, this did not stop it from attacking the child. The child was hospitalized, while the dog ended up being euthanized on the spot. 

Dog bites are a traumatic experience. While some dog bites may be nothing more than minor nips, some lead to more serious injuries, even fatalities. This article discusses the legal aspects of dog bite incidents, including the critical question of how victims can recover compensation for their damages. 

Dog Owner Responsibilities in Nevada

Anyone, including minors, may own a dog in Nevada. However, if a child’s dog bites someone, the liability will fall on their parents or guardians. Laws vary per municipality, with some areas in Nevada requiring dog owners to have a license for the life of the animal.

Nevada law requires dog owners to maintain control over their animals to ensure public safety. One way to do this is to use a leash whenever walking dogs outside. Keeping dogs on a leash is required when they are in HOA communities and when the owner goes hunting with their pets. The leash is not mandatory in designated dog parks or in some rural areas.

It’s also a dog owner’s obligation to have their pets vaccinated against rabies. Dogs that are three months of age must have the rabies vaccine. Dogs will only be considered "currently vaccinated" 28 days after the administration of the initial dose of the rabies vaccine.

Dog owners also have the responsibility to prevent their pet from causing harm, especially if it is known to be aggressive or dangerous. If a dog injures others, the owner may face legal repercussions. In Nevada, the goal of responsible dog ownership is not to put blame on someone when a dog bites, but to cultivate a culture that upholds the community’s safety.

Liability Standards in Nevada Dog Bite Cases

One-Bite Rule

In Nevada, dog bite incidents are governed by the one-bite rule. This means that a dog owner is responsible for a bite if they are aware of or should have been aware of the dog's potential to bite. If a dog has no history of biting, the owner isn't automatically liable. Liability only applies if the owner knows about the dog's prior biting incidents or dangerous behavior.  

Dogs that have a bite history, even for a single time, are to be considered either "vicious" or "dangerous."

Nevada law defines dangerous dogs as those that have menaced people twice in 18 months without being provoked by torment or pain and have been off-leash or at large. Vicious dogs are those that have continued to behave menacingly after being classified as “dangerous” or have caused substantial bodily harm or death to an individual.

It is not illegal to own a dangerous dog in Nevada. However, owners must comply with state and municipal regulations on dangerous dogs. For instance, when a dog bites someone in Las Vegas and bites another person a week later, it may be considered dangerous under City Ordinance 7.04.215. It is within the discretion of Las Vegas’s Animal Regulation Officer to determine whether the dog should also be declared vicious. With regard to vicious dogs, Nevadans are prohibited from owning or selling them. Violators are subject to penalties.

When it comes to police dogs, if they attack someone, the victim can sue a handler or a police department for their injuries. Alternatively, they can bring a Section 1983 lawsuit against law enforcement for violating their civil rights.

Liability by Negligence

Despite Nevada’s one-bite rule, a dog owner may be held liable for a biting incident if they have been negligent, meaning they failed to take reasonable precautions to prevent the bite. 

An example of negligence is when a dog owner takes no action even though there’s a clear sign that the dog is going to bite someone, like growling or baring its teeth.

If the owner violates state or local animal control laws and their dog attacks someone, then they are automatically considered negligent under Nevada’s “negligence per se” laws.

Exceptions

Nevada dog owners are generally liable for bites. However, there are certain cases where they can avoid full responsibility. For example, if the victim provoked the dog, the owner might not be liable for the harm that the animal caused. Additionally, the dog owner's liability may be reduced if the dog bite happened while the victim was illegally entering a property.

The dog owner may also use the defense of "assumption of risk" if the victim knowingly took a risk with an aggressive dog. This defense asserts that the victim willingly acknowledged the potential dangers associated with interacting with a dog, which releases the owner from liability. Veterinarians are a common example of those to whom the assumption of risk applies. 

Statute of Limitations in Nevada for Dog Bite Cases

Victims of dog bites in Nevada have two years from the date of the accident to file a claim for damages. The statute of limitations starts on the day the victim is bitten or attacked. Failing to file a claim within the two-year limit means the victim will lose their right to seek compensation.

Nevada applies comparative liability when dealing with plaintiffs who are partially at fault. If the court finds a dog bite victim to be less than 51% responsible for their injuries, then they will recover a reduced amount of damages. However, if the victim is 51% or more at fault for the dog bite accident, then the damages award drops to zero, and they will be barred from collecting anything from the dog owner.

Civil Penalties for Dog Bites in Nevada

Dog owners could face serious consequences for their dogs' aggressive actions. A dog owner could face liability for damages their dog causes, including:

• Medical expenses.

• Lost wages

• Property damage.

• Pain and suffering.

When a dog attacks someone, the owner's insurance may pay for the victim's damages. Homeowner’s insurance may be used if the dog bite accident happens on the dog owner's property. Health insurance may also be used to cover the victim’s medical expenses.

Note that the insurance company will first investigate the circumstances surrounding the claim before paying anything to the dog bite victim. If the dog owner has no insurance, both parties can negotiate a settlement.

Criminal Penalties for Dog Bites in Nevada

In addition to civil penalties, dog owners may face criminal penalties if their dog attacks someone. The law imposes criminal penalties on dog owners who fail to report a dog bite incident to animal control. 

With regard to dangerous or vicious dogs, owners are required to surrender them, as per NRS 202.500. Refusing to surrender the dog is equivalent to a misdemeanor violation. If a vicious dog bites someone, the owner may be required to pay a fine of $1,000, spend six months in jail, or both. 

If the dog bite is serious or comes from a dog that law enforcement has previously deemed vicious, the owner may also face a felony charge. In this case, the dog owner may need to pay up to $5,000 in fines and spend up to four years in state prison.

Reporting and Handling Dog Bite Incidents

Dog bite incidents should be promptly reported to local animal control or law enforcement agencies, both by the dog owner and by the dog bite victim. This step is essential for both parties to get the best possible outcome and follow the law. 

The following are reasons why you should report your dog bite incident:

• Health and animal control officials use this report to monitor the dog for rabies or other serious illnesses that could potentially infect the victim. 

• The report helps the authorities protect the public from a potentially dangerous and vicious dog. 

• It can be used as evidence should the victim decide to file a lawsuit against the dog owner.

When reporting a dog bite incident to the animal control office, you should have details about the dog, such as the name of the owner and their contact information, the place where the dog resides and where the accident occurred, and a description of what the victim was doing at the time of the accident. If possible, take photos of details that could be relevant to a potential dog bite case. This can include photos of the victim’s injuries and the accident scene, like a broken fence or gate.

Before reporting, make sure to take the appropriate steps to care for the dog bite victim. They should have access to immediate medical care for the injuries they have sustained. It's best to keep copies of receipts, bills, and invoices for the expenses associated with the dog bite accident, as these should also be helpful in recovering damages.

Animal control must quarantine the dog that has bitten someone for 10 days. This is to check if the dog has rabies or when it is already stable enough to return to its owner.

How To Find a Dog Bite Attorney in Nevada

Dog bite victims can look up dog bite attorneys online, in addition to seeking out personal referrals. Having a dedicated attorney handle the case allows victims to focus more on their healing. The attorney will investigate the circumstances surrounding the dog bite incident and gather the evidence needed to build a strong case. Then they will either negotiate with the at-fault party to achieve a favorable resolution or litigate the case in court to persuade the jury to award a verdict allowable under the law.

Other Resources for Dog Bite Victims in Nevada

Animal Protection Services

The Animal Protection Services educates residents about statutes and ordinances related to animal concerns. Its officers ensure that pets in the community are alert and healthy. They respond to various animal-related concerns, like barking complaints or when a coyote or wildlife refuses to leave a property.

Contact Information
Address: 2824 E. Charleston Blvd., Las Vegas, NV 89104
Phone number: (702) 229-6444

The U.S. District Court of Nevada - Federal Pro Bono Program

The Federal Pro Bono Program helps unrepresented, income-eligible litigants have access to pro bono counsel in certain civil cases. The judges first determine which cases are eligible for pro bono counsel before appointing a lawyer to them. Once a litigant passes the financial eligibility test, legal aid will find a pro bono lawyer to represent them.

Contact Information
Las Vegas
Address: 333 Las Vegas Blvd South Las Vegas, NV 89101
Phone number: (702) 464-5400
(702) 464-5600 – Jury

Reno
Address: 400 S. Virginia St., Reno, NV 89501
Phone number: (775) 686-5800
(775) 686-5614 – Jury

The State Bar of Nevada: Lawyer Referral & Information Service

The State Bar’s LRS refers qualified attorneys to individuals in Nevada. The LRS pre-screens attorneys before recommending them to people looking for a specific attorney who practices in a certain area of law. Individuals who get a referral from the LRS will be charged a half-hour consultation for $45. This page also has links to client resources and legal information brochures.

Contact Information
Las Vegas
Address: 3100 West Charleston Blvd., Suite 100, Las Vegas, NV 89102
Phone number: (702) 382-2200

Reno
Address: 9456 Double R Blvd., Suite B, Reno, NV 89521
Phone number: (775) 329-4100