Fayetteville Dog Bite Lawyer
Fayetteville utilizes the same complex laws concerning dog bite liability as the rest of the state. While a dog owner is never strictly liable for any injury caused by their animal, an injured plaintiff may still pursue damages if the dog has a history of violence. Furthermore, injured people may allege that the dog owner was simply negligent in allowing the dog to cause an injury.
Either path could allow individuals injured by others’ animals to collect compensation. This could include payments for medical bills, lost wages, and mental anguish.
A Fayetteville dog bite lawyer may be able to help pursue these cases. A detail-oriented injury attorney can work to gather evidence of a dog’s violent past, connect a dog’s actions to an injury, and argue that a dog owner was negligent in allowing the incident to occur.
The One-Bite-Rule for Dog Attacks
Fayetteville and the rest of the state use a modified one bite rule when considering owner negligence in case of an attack. As such, an injured plaintiff has two ways to demand compensation.
The first is to prove that the government has classified a dog as “dangerous” and as such the owner has notice that their animal is a hazard. North Carolina Statute §67-4.1 defines a dangerous dog as one that has caused a serious injury in the past. To win in these cases, a plaintiff needs to provide evidence that a defendant had actual knowledge of a prior incident. Alternatively, a municipal authority in Fayetteville may take the step of labelling the dog as dangerous if it has two or more prior incidents of violence.
If the dog meets the definition of dangerous under the law, its owner is strictly liable for any incidents according to North Carolina Statute §67-4.4. A Fayetteville dog bite lawyer could help discover these key pieces of evidence.
Pursuing a Common Negligence Claim in Fayetteville
A second approach for injured plaintiffs to pursue damages is to argue that the defendant was negligent in their keeping of the animal. Unlike the one-bite-rule concept, there is no requirement to prove that the defendant knew their animal was dangerous. Instead, the injured person must prove that the defendant failed to protect the injured individual when they had a duty to so do.
This only applies if the defendant had a duty to provide protection. A clear example of this is when the injured party is an invited guest onto private land. If a dog owner fails to keep the animal contained in the back yard, and the dog causes injury to a guest, that owner may have liability to provide compensation.
One other aspect of the law to remember is the statute of limitations. This is a time limit that controls when a plaintiff can file a case in court. North Carolina Statute §1-52 states that this time limit is three years for all personal injury claims.
A Fayetteville Dog Bite Attorney Could Stand up for Your Rights
The laws concerning when a dog owner is responsible for an attack are complex. Plaintiffs in these cases may only be able to collect compensation if they can prove that the defendant knew of their dog’s violent past. If the incident happened on private land, the plaintiff may be able to argue that the owner was negligent in failing to care for their safety.
Dog bites can cause serious injuries. Even a minor wound could become serious if the bite location becomes infected. Other injuries may involve deep cuts, scarring, and even broken bones. An at-fault dog owner is responsible for any result following an attack. A Fayetteville dog bite lawyer could help you to collect compensation. However, there is a limited time to file a claim so do not delay; let an attorney get to work for you today.