Dog attacks and owner negligence
According to North Carolina law, a dog bite victim can recover compensation if the owner has been proven to be negligent in their responsibility as a dog owner. North Carolina permits a dog bite victim to recover compensation on the ground of negligence. In the case of dog ownership, negligence is the lack of ordinary care, or the absence of the kind of care that a prudent and careful person would exercise as dog owners without regard to breed and the size of the dog.
Defining negligence with dog bite
When it comes to defining negligence the laws can seem vague, and there is rarely a clearly defined case. Determining if the dog owner acted negligently is a question that must be answered based upon the facts of each unique situation. It always comes down to the question of, “Did the dog’s owner act reasonably under the circumstances?” For example, letting a dog run free, and it enters the school grounds or a day care center; is negligence. Dog owners in the state of North Carolina are held liable for injuries that their dog inflicts on a human or to personal property if the owner knowingly and willfully violates the laws that prohibit dogs from running at large. Dogs must always be accompanied by the owner, a member of the owner’s family, or some other person.
Holding dog owners liable
Dog owners are also held directly responsible even if their dog was not running at large, but falls under the following scenarios:
- If the dog has killed or inflicted severe injury on a person
- Was previously declared to be a “potentially dangerous dog”
- Is kept or used for dog fighting
- It has terrorized a person while it was off its owner’s property
- Killed or inflicted severe injury on any domestic animal
It’s also possible that a dog owner is considered to be negligent if he or she does not take special precautions to prevent dogs of certain breeds from causing damage or injury. The law has established that dog owners are responsible for attack by vicious breed such as Rottweiler or Pit Bull. Even if the owners have no knowledge that the individual dog is dangerous, owners can be deemed to be negligent because they should know the “general propensities” of such dogs.
A Charlotte, NC dog attack attorney
It is important to remember that no matter how safe you try to be, negligent and irresponsible people are all around you. This is why the accident and injury attorneys at the Olive Law Firm of Charlotte, NC are also ready to work for you and your family. If you or a family member ends up injured as the result of a dog bite or dog attack, call the offices of the Olive law Firm for a free consultation with a Charlotte injury lawyer.