A dog bite can turn an ordinary day into a painful and frightening ordeal. If you or someone you love was bitten or attacked by a dog in Elkin or anywhere in Wilkes, Surry and Yadkin counties, you’re probably dealing with injuries, medical bills and a lot of unanswered questions. You don’t have to figure this out alone.
At Partin & Cheek, P.L.L.C., take the time to sit down and hear your story. We’re your neighbors first, your attorneys second. Call 336-835-0100 today for a free case assessment. There’s no obligation and no fee unless we recover compensation for you.
How North Carolina dog bite liability laws work
North Carolina’s dog bite laws aren’t as straightforward as many people assume. The state uses a combination of legal theories that can apply depending on the circumstances of the attack.
Strict liability for dangerous dogs
Under N.C. Gen. Stat. § 67-4.4, the owner of a dangerous dog is strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property or another animal. “Strict liability” means the owner is responsible regardless of whether they took precautions or believed the dog was safe.
A dangerous dog is defined as a dog that has inflicted a serious injury on a person without provocation, has been designated as potentially dangerous by the local government or has been involved in dog fighting. North Carolina considers a severe injury as any physical injury resulting in broken bones, disfiguring lacerations or requiring cosmetic surgery or hospitalization.
The one-bite rule and negligence claims
If a dog hasn’t been designated as dangerous, an injured person can still bring a claim under the one-bite rule if the dog had a vicious propensity that the owner knew or should have known about. North Carolina courts have also noted that not all dog bite actions need to rely on this rule. The owner of a domestic animal is chargeable with knowledge of the general propensities of certain animals and must exercise due care to prevent reasonably anticipated injuries.
In plain English, a dog owner can be held liable if they knew (or reasonably should have known) their dog could be aggressive, even if it had never bitten anyone before. This is where having an experienced attorney matters. Building these claims requires evidence, and we know how to find it.
When a dog owner can be held liable for your injuries
Dog owners in North Carolina have a legal duty to control their animals. A dog bite claim may be strong when the owner:
– Knew the dog had aggressive tendencies or had bitten before.
– Failed to properly restrain the dog with a leash, fence, or enclosure.
– Violated local animal control ordinances.
– Left a dog known to be dangerous unattended or unsecured.
– Ignored previous warnings from neighbors or animal control about the dog’s behavior.
North Carolina’s dangerous dog statute doesn’t apply when a law enforcement dog is performing official duties, when the injured person was committing a willful trespass or other tort, was tormenting or assaulting the dog or was committing or attempting to commit a crime. Insurance companies know these exceptions well and will look for any reason to shift blame onto you. That’s why it’s critical to speak with an attorney before giving statements to anyone.
Need help with a dog bite case? Call 336-835-0100 for a free case assessment. We handle the legal work so you can focus on healing.
Common injuries from dog bite attacks
Dog bites can cause far more damage than most people realize. The force of a dog’s jaw can cause devastating injuries that require extensive medical treatment and leave lasting scars, both physical and emotional.
Common dog bite injuries include:
– Deep puncture wounds and lacerations: These may require stitches, staples or surgical repair.
– Permanent scarring and disfigurement: This is particularly common on the face, arms and hands.
– Infections: These include cellulitis, MRSA, Pasteurella, and rabies exposure.
– Nerve damage: This can result in numbness, chronic pain or loss of function.
– Broken bones: These occur especially in attacks involving large dogs or when the person falls during the attack.
– Emotional and psychological trauma: This includes PTSD, anxiety and fear of dogs.
Children are especially vulnerable. They’re more likely to be bitten on the face or neck, and the emotional impact of a dog attack can stay with a child for years. If your child was bitten by a dog in Elkin or the surrounding tri-county area, don’t wait to get legal guidance.
What compensation you may be able to recover
If you were bitten or attacked by a dog due to the owner’s negligence or because the dog was previously declared dangerous, you may be entitled to recover compensation for:
– Medical bills: This includes emergency treatment, surgery and follow-up care.
– Plastic and reconstructive surgery: This covers scarring or disfigurement.
– Future medical expenses: This covers ongoing treatment or therapy.
– Lost wages: This applies if your injuries kept you from working.
– Pain and suffering: This includes physical pain and emotional distress.
– Counseling and therapy: This is particularly relevant for children dealing with trauma from the attack.
While there is a cap for punitive damages in North Carolina, the state doesn’t set limits for recovery in a personal injury case. This means the value of your claim depends on the severity of your injuries and the specific facts of your case.
At Partin & Cheek, we don’t take every case that comes through our door. We take cases where our clients need us the most, and we give each one the personal attention it deserves. Call 336-835-0100 to find out what we can do for you.
Steps to take after a dog bite in Elkin
What you do in the hours and days after a dog bite can make a real difference in the strength of your claim. Here’s what we recommend.
- Seek medical attention immediately. Even if the wound looks minor, dog bites carry a high risk of infection. Get checked by a doctor the same day. Under N.C. Gen. Stat. § 130A-196, the person bitten (or their parent or guardian) and the owner of the animal must notify the local health director immediately. Your doctor is also required to report the bite within 24 hours.
- Report the bite to animal control. File a report with Surry County, Wilkes County or Yadkin County animal control (depending on where the attack happened). This creates an official record of the incident.
- Document everything. Take photos of your injuries right away and continue photographing them as they heal (or worsen). Write down what happened while it’s fresh in your mind. Save all medical records and bills.
- Get the owner’s information. If possible, get the dog owner’s name, address, phone number and homeowner’s insurance information. Ask if the dog has a history of aggression or prior bites.
- Don’t give recorded statements to insurance companies. The dog owner’s insurance company may contact you quickly. They’re not looking out for your interests. Talk to an attorney first.
How contributory negligence can affect your dog bite claim
This is one of the most important things to understand about personal injury cases in North Carolina, and it applies directly to dog bite claims.
North Carolina follows the pure contributory negligence doctrine. If the injured person is at fault, they aren’t eligible for damages. If the person is even 1% responsible for contributing to the events that caused the injury, they cannot collect anything from the dog’s owner.
Insurance companies use this rule aggressively in dog bite cases. They’ll argue you provoked the dog, you were trespassing on the owner’s property, you ignored warning signs or you somehow contributed to the attack. Even an argument as simple as “you shouldn’t have reached out to pet the dog” can be used against you.
This is exactly why you need a local attorney who understands how contributory negligence works in Northwest North Carolina courtrooms and knows how to counter these arguments with evidence. Partin & Cheek brings small-town heart with big-firm skills to every case we handle.
You have three years to file, but don’t wait
North Carolina’s civil statute of limitations gives a three-year time limit for personal injury claims. That means you generally have three years from the date of the dog bite to file a lawsuit under N.C. Gen. Stat. § 1-52.
Three years may sound like plenty of time, but it goes faster than you think. Evidence disappears. Witnesses forget details. The dog’s owner may move or get rid of the dog. Medical records are easier to gather while they’re fresh. The sooner you talk to an attorney, the stronger your case will be.
Talk to Partin & Cheek about your dog bite case today
If you or a loved one was injured in a dog bite attack in Elkin or anywhere in the Wilkes, Surry and Yadkin county areas, the attorneys at Partin & Cheek, P.L.L.C. are here to help. We’re local attorneys who live and work in this community, and we’re ready to sit down with you, hear your story and give you an honest assessment of your case.
We work on a contingency fee basis, which means you don’t pay us anything unless we recover compensation for you. Your case assessment is completely free with no obligation.
Don’t let an insurance company take advantage of you. Call Partin & Cheek today at 336-835-0100 or visit us at 210 West Main Street, Elkin, NC 28621. We’re your neighbors first, your attorneys second.
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Our office is conveniently located on West Main Street in downtown Elkin, NC. Whether you prefer to meet in person, give us a call, or send us an email, our team is ready to listen to your story and help you explore your legal options. We offer free consultations and are committed to making the process as straightforward as possible.