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April 19, 2024lawyer for dog bites
In actuality, dogs are man’s best buddy. While some breeds are excellent companions at work, many kinds are ideal for our children. Even though we may believe that our dogs are good and would never hurt anyone, the reality is that they are all descended from wild wolves. This implies that occasionally, our dogs may behave aggressively, either to protect themselves or to protect their alpha (i.e., their owners). When that occurs, you or a loved one may get serious injuries or, in extreme cases, pass away.
An estimated 4.7 million dog bites occur annually, of which about 800,000 necessitate medical care. Even while that might appear like a large number of bites requiring medical care, just 19% of bites require it. On the other hand, dog bites that are severe enough to require medical attention can cause deep cuts, deformities, infections, and more.
You have legal remedies if a dog bites you in North or South Carolina, especially if the dog is someone’s property. You have the right to sue the dog owner for any and all of your medical expenses, lost income, and psychological harm. The owner’s house insurance provider will most likely be the target of this action, which means you will face legal representation from the insurance company in court.
Don’t handle the legal system by yourself. Over the course of the last 26+ years, Auger & Auger Accident and damage Lawyers has defended thousands of damage victims. We are aware of the strategies and tactics needed to battle the insurance company both out of court and to obtain the just reimbursement for you. Contact us online or give us a call to speak with a dog bite lawyer for a free, no-obligation consultation.
Why Do Dogs Bite?
Dogs can bite for many different causes. Rarely, kids might be taught how to fight. Dogs who bite tend to do so out of fear or stress, usually from being backed into a corner or from being played too violently by a youngster.
Furthermore, in an effort to defend themselves, they may bite or otherwise strike if they sense danger or believe that their owner or puppies are in danger. In addition, dogs who are frightened or uncomfortable may bite. If the dog in question is a puppy, it’s possible that during playtime they are unaware of how sharp their teeth are.
In each of these scenarios, the dog is compelled to defend itself due to the activities of people or other animals. Even though some dogs are by nature more aggressive than others, this behavior can almost completely be eliminated with the correct training. But that doesn’t imply a dog won’t bite without cause. If a dog attacks you and causes injuries, you can be entitled to compensation, regardless of the cause of the bite.
Which dogs are most likely to bite?
The idea that large dogs bite more frequently is a popular one. That isn’t the case, though. Larger dogs have considerably stronger jaws, but they are typically more submissive unless they are bred to be attack or defense dogs. Bigger dogs, on the other hand, are disproportionately more likely to be utilized for such tasks and to bite someone. Conversely, because of their smaller stature, smaller dogs are more likely to feel frightened and to bite.
Furthermore, dogs who are not fixed or spayed or neutered have a higher chance of biting than fixed dogs.
The following dog breeds are the most likely to bite:
- Puppy
- Bulldog
- Pit Bull
- German Shepherd
- Australian Canine
- Lhasa Apso
- Terrier Jack Russell
- Cocker Spaniel
- Terrier Bullies
- Chinese
- Papillon
South Carolina and North Carolina Dog Bite Laws
Regarding dog bites, the laws of North and South Carolina differ in terms of who can be held legally responsible and when a lawsuit can be filed. Regarding dog bites, South Carolina has “strict liability” legislation. This implies that even if an owner had no idea their dog would bite someone, they might still be held accountable for any injuries.
On the other hand, the owner is only accountable under South Carolina law if:
- Because the dog bit or attacked you, you were hurt;
- When you were attacked, you were either legally in a private location or in a public one; and
- The dog was not agitated by you.
“Otherwise attacked” refers to a situation in which a dog bite is not the only way to pursue recompense. For instance, you are entitled to compensation if a large Great Dane runs across the park, knocks you down, and breaks your bones.
In contrast to South Carolina, North Carolina law requires you to prove that the dog that bit you or broke into your property was a recognized “dangerous dog.” A dog is deemed “dangerous” when it:
- has already murdered or seriously injured someone in an unprovoked attack;
- has or has been trained for dogfighting; or
- has been classified by the local animal control board as a “potentially dangerous dog.” This includes dogs who have bit someone, attacked and/or killed another animal, or shown aggressive or threatening behavior when someone else approaches them.
Potential Damage from Dog Bite
A dog bite or attack can cause injuries in a few different ways. The following are a few instances of possible dog bite injuries:
- Any region of broken skin, including lacerations, can occasionally leave a permanent scar.
- Broken bones, which could occur if you fall due to a dog attack
- wounds to the eyes or face
- When a big dog pushes someone down, head and neck injuries frequently result.
- bite-related scarring
- tissue or nerve damage where the dog bit you
- Following the incident, anxiety, trouble sleeping, or symptoms of PTSD
Various Dog Bite Severity Levels
There are six categories for dog bites. Even though the first two usually don’t do any serious harm, the owner of the dog should still be informed of the event so they can take appropriate action to stop the habit. Dog biting of any kind needs to be treated carefully and addressed throughout training.
- Level One: This is more akin to a dog biting someone with its jaws; while hostility is shown, no physical contact is made with the target or their skin. Dogs typically act in this way out of fear, wanting to repay the favor by frightening the threat away. Removing yourself from the situation should help a dog that is snapping at you feel less intimidated.
- Level 2: The canine’s teeth make contact with the skin, but they do not pierce it. Although these bites typically do not result in major injury, they can nonetheless be uncomfortable and occasionally cause bruises. This kind of biting is typically the result of extremely anxious dogs. Once more, the owner of the dog needs to determine what is stressing it out and try to reinforce to the dog that its fangs are not meant for human faces.
- Level Three: This level entails a bite with superficial cuts that break the skin. Should a bite cause a skin break, you should clean the area well and find out if the dog has received a rabies vaccination. A veterinarian or dog trainer should examine the dog on this behavior.
- Level Four: This level is characterized by a single, moderately deep bite that is, by definition, longer than half the dog’s tooth. (However, this definition fails to take into account the fact that trying to measure the dog’s teeth in this circumstance is typically impractical.) Depending on how many teeth broke the skin, there may be one or multiple puncture wounds. Frequently, during these attacks, the dog grips the limb with its teeth clenched and shakes its head. The frightening part of these bites is that they could not stop until someone else is able to get the dog away. Once more, the dog has to be evaluated by a veterinarian or behavior specialist right once. In the meanwhile, you ought to get medical attention for your wounds.
- Level Five: With several wounds, this is similar to Level Four. In essence, the dog bites you, releases its grip, and then bites you once more. (Or, more than one dog bit you during the same attack.) The dog should now be categorized as a “dangerous dog.” The owner may be permitted to keep the dog as long as it is tethered in other cases, or the dog may be put to death in accordance with local laws. In the event that a dog that has been classified as a “dangerous dog” bites someone while it is roaming the neighborhood unrestrained, the owner typically has a solid case for carelessness.
- Level Six: It’s deadly for these dog bites. The dog will undoubtedly be labeled as a “dangerous dog,” and the local authority will probably seek to put it to death. The owner can even be charged with a crime, depending on the circumstances. In a civil lawsuit filed by the estate of the dead, they will most likely also be held accountable.
A “Dangerous Dog”—what is it?
The three circumstances under which a dog may be classified as a “dangerous dog” in accordance with North Carolina statutes are explained in further detail below:
- The dog bit the victim hard enough to result in significant injuries, such as deep cuts, fractured bones, or bite severity severe enough to necessitate hospitalization or cosmetic surgery.
- When a domestic animal, such as a cat or another dog, was not on the dog owner’s personal property, the dog killed it or gravely injured it.
- The dog approached a person in a “vicious or terrorizing manner” when they were not on the owner’s property, seemingly with the purpose to attack. Put otherwise, the dog exhibited highly aggressive behavior in an environment where it was not triggered by a human.
Circumstances in Which the Dog’s Owner May Avoid Liability
It might be challenging to determine if the owner is at fault, therefore consulting a dog bite attorney is your best bet. Here are a few instances, nevertheless, where the owner is typically exempt from being held accountable for the dog attack:
- At the time of the bite, the dog was serving in an official role for police enforcement.
- When the dog bit someone, it was participating in a legal hunting activity.
- In certain cases, a dog may have hurt a domestic animal—such as a cat or dog—during a legal hunt or when the dog was employed on the owner’s property as a herding or predator control dog and the domestic animal was of the kind that the dog’s work harmed.
- Most of the time, when a dog bites someone, it’s because the person was either trespassing on the dog owner’s property, had attacked, harassed, or provoked the dog, or the person was attempting to conduct a crime at the time. Put another way, someone who tries to break into someone’s house and gets bitten by a dog probably doesn’t have a case for culpability.
Other Possible Injuries from Dog Attacks
Although they are arguably the most frequent, bites are not the only harm that dogs may do. Dogs can cause a lot of harm if they pounce on you and knock you down, as was previously indicated. Potential risks include cuts, fractures, and harm to any belongings you may be carrying. There might also be other, less frequent instances in which a dog bites someone. Discuss your alternatives with a lawyer if you’re unclear of who should pay for an injury caused by a dog.
Consult a Dog Bite Attorney Right Away
In the Carolinas, dog bites are frequent and can result in serious injuries. We can assist you if a dog bite has seriously injured or killed a loved one. For more than 26 years, dog bite victims have received assistance from the dog bite attorneys at Auger & Auger Accident and Injury Lawyers. We are aware of what needs to be demonstrated and what proof is required in order to obtain for you the compensation you are entitled to.