North Carolina Dog Bite Laws

North Carolina dog bite laws are reasonably robust, possibly owing to how common dog attack incidents occur throughout the state.

In 2023, the U.S. Postal Service, an authority on dog attacks due to its employees often becoming victims of these occurrences, placed North Carolina 8th in its list of states with the most dog bite incidents. According to USPS, the state recorded 185 incidents in 2023 and 146 the year before.

The Tar Heel State does have a dog bite issue. In Wake County, authorities noted 245 dog bite incidents in 2020. On the other hand, Raleigh police and animal control officers report an average of 880 dog bite-related calls a year. Hundreds of state citizens, usually children, find themselves in the line of danger right in their neighborhoods due to the presence of a dangerous dog or a negligent dog owner.

This article will highlight points of information that could prove useful in recovering after a dog bite accident. It will discuss the legal obligations of dog owners, how liable they can be for bite incidents, the ins and outs of reporting said incidents, and the penalties an owner can face for damage that their pet may cause.

Dog Owner Responsibilities in North Carolina

Despite what most dog owners would say, North Carolina laws consider one’s pet personal property. This means that a dog owner is legally defined as someone with possessory property right over their dog, usually evidenced by adoption papers or an official purchase receipt.

After establishing legal ownership of a dog, owners have the following responsibilities under North Carolina law:

1. Owners of dogs four months of age and older are required to vaccinate their pets against rabies. A pet may be impounded if they are found not wearing a state-mandated vaccination tag and the owner cannot be contacted.

2. Owners are required to prevent dogs six months and older from running about unsupervised at night or female dogs from running or roaming about while doing the deed with a gentleman companion.

3. North Carolina as a state does not have any leash or scoop laws, but different localities within the state might have statutes regarding this gap in state legislation. You can research local laws for yourself or consult a professional regarding city- or county-specific dog ownership laws.

Breed-Specific Legislation in North Carolina

The Tar Heel State does not have any statewide breed-specific legislation, though two towns within the territory prohibit ownership of certain dog breeds.

Edenton and Lumberton do not allow ownership of several breeds of terrier or bull terrier dogs, alongside rottweilers and Chow Chows. These towns classify these as dangerous dogs, outright prohibiting ownership of said breeds if the owner stays for more than seven days in the town’s territory. 

It is worth noting that these laws have become controversial and garnered opposition from some organizations, but Lumberton has a historical reason why it passed this law: the death of Talan West and the severe injuries sustained by his brother. 

Talan represents one of the dozens of people who die due to dog bites every year nationwide. While his mother, Jamie West, applauds the enactment of the said ordinance, she worries about how it would be enforced. This likewise has concerned larger organizations, such as the American Veterinary Medical Association, which are apprehensive about how these kinds of laws affect responsible dog owners.

Liability Standards in North Carolina Dog Bite Cases

North Carolina follows the one-bite rule as some other states do, but it also imposes strict liability on owners of dangerous dogs. The one-bite rule limits the liability a dog owner faces for injuries their pet causes if the animal has no prior history of being aggressive. An exception to this is if the owner is found to be negligent, which will be touched on later in this article.

As to what counts as a dangerous or potentially dangerous dog, state laws define them as a canine that has either attacked or killed a person without provocation, is kept primarily for dog fights, is trained for fighting, or is determined by the county or municipal authority as such because of their history of causing injury or damage to people or other domestic animals.

Meanwhile, strict liability means that a dog owner is immediately liable for any injuries or property damage their dog causes. This means that no negligence needs to be proven to hold owners liable for dangerous dogs that cause injury or damage.

Strict liability does have an exception, though. The following are dogs exempt from strict liability in cases of damage:

• Law enforcement dogs.

• Hunting dogs used in a lawful hunt.

• Hunting, herding, or predator control dogs while operating as the same and under the control of their owner or keeper. This is provided that the damage was inflicted on a domestic animal appropriate to the work of the dog.

• Dogs who attack trespassers, criminals, or who retaliate against people abusing them.

Statute of Limitations in North Carolina for Dog Bite Cases

North Carolinians injured because of a dog bite incident have up to three years from the date it occurred to bring their case to court or mediation. This is according to the state’s statute of limitations regarding personal injury cases. 

Filing past this period would greatly hinder one’s chances of getting legal compensation for injuries to oneself and damage to property. Evidence like the full extent of one’s injuries or the offending canine’s government classification as a dangerous or potentially dangerous dog may be harder to gather the longer one delays filing a case following the incident.

Civil Penalties for Dog Bites in North Carolina

As earlier stated, the owner of a dangerous or potentially dangerous dog is held strictly liable for the damage their pet causes to people or property. This means that the owner is responsible for compensating the victim for the actual expenses they incur due to the dog bite incident, regardless of proof of negligence. These include medical bills, lost wages, and emotional trauma such as pain and suffering.

For non-dangerous dogs, victims can still hold their owners liable by proving negligence on the owners’ part. To recover compensation this way, the victim needs to prove that:

• The animal was dangerous, vicious, mischievous, ferocious, or legally considered to possess a vicious propensity.

• That the owner or keeper knew or should have known of the animal’s vicious propensity, character, and habits.

To recover damages, victims would primarily file a claim with either their own insurance company if they have health insurance or the owner’s insurance company because homeowners’ insurance policies generally have coverage for dog bites that occur on the insured property. If neither applies, then a case for compensation may be brought against the owner.

Criminal Penalties for Dog Bites in North Carolina

Dog owners may also face criminal penalties if their pet runs amok. An owner of a dangerous dog may be guilty of a Class 1 misdemeanor if their canine companion causes physical injuries to a person to the point of the victim needing medical treatment worth over $100. Penalties for this can include imprisonment for up to 120 days and a fine determined by the court.

On a related note, the law requiring dog owners to keep their pets from roaming around at night imposes a penalty of Class 3 misdemeanor if the owner is found to have violated this law intentionally. Conviction of this offense brings with it imprisonment of up to 20 days and a fine of up to $100.

Reporting and Handling Dog Bite Incidents

After a dog bite incident in North Carolina, state laws instruct that a plaintiff should contact the local health director immediately and provide them with the names of the victims and the owner of the dog for rabies tracking purposes. The same law requires owners to confine their pets for 10 days at a location that the health director designates.

Other than that, it is advised that victims immediately get medical attention for their injuries, especially if it seems like the dog could be a potential carrier of rabies or inflicted an injury that could cause the canine to be labeled dangerous or potentially dangerous. The next thing a victim should do is get the contact details and insurance information of the owner of the offending dog to assist in future attempts at recovering compensation from them or their insurance company.

How To Find a Dog Bite Attorney in North Carolina

Finding the right legal counsel can be critical in handling your dog bite case; lawyers have the education and experience needed to single out and resolve the factors that may prevent you from getting legal compensation, from identifying hard-to-locate dog owners to coordinating with medical professionals to get a clearer picture of the extent of your injuries. There are private and public organizations and databases that assist in connecting clientele with attorneys, such as the local Bar Association nearest you.

Other Resources for Dog Bite Victims in North Carolina

North Carolina Pro Bono Resource Center

The North Carolina Pro Bono Resource Center provides support to citizens who cannot afford an attorney by bringing in free legal services. The organization has a comprehensive platform called “Pro Bono Go,” a centralized resource for pro bono opportunities within the civil justice community. This resource allows legal professionals to be connected to pro bono projects across the state, offering services to low-income North Carolinians facing legal challenges.

Charlotte Center for Legal Advocacy

The Charlotte Center for Legal Advocacy is an organization dedicated to providing individuals and families in and around the Charlotte region with pro bono legal services. Its network of volunteers handles a variety of legal issues, ranging from problems related to accessing healthcare coverage or services for injuries and illnesses to veteran benefits disputes.

LawHelpNC.org

LawHelpNC.org is a joint project of Legal Aid of North Carolina, the North Carolina Equal Justice Alliance, the North Carolina Bar Association, and Pro Bono Net. The primary aim of the project is to provide users with accessible and clear legal resources and information that is specifically tailored for North Carolina to aid individuals in understanding legal matters. 

The project provides individuals seeking legal guidance with information such as the rights and responsibilities of dog owners and victims in dog bite cases, along with potential legal remedies for those kinds of incidents.