At Jones Wilson Injury Lawyers we have experience in handling dog bite cases which have resulted in serious injuries to our clients. Dog bite cases involve pain and suffering, and in some cases, can result in significant lost income . These cases are incredibly traumatic, especially for younger children, and can have long-lasting effects on the lives of the victims.
Many people do not know what do after a dog bite. It is important that you contact a reputable and experienced attorney right away so as not to prejudice your legal rights. There are legal and equitable remedies for those injured by animals, mostly dogs, due to their owner’s carelessness and negligence. We at Jones Wilson Injury Lawyers can help you understand and protect your rights.
Bases for Dog Bite Liability
There are three (3) separate bases for establishing liability against an owner of a dog or a premises after a dog bite:
Most jurisdictions have chosen to treat dog and animal bites and attacks under a “strict liability” theory of recovery. Under such a theory, the victim of a dog bite need only prove they were bitten and identify the owner of the animal to obtain compensation. There is no requirement to establish negligence or fault.
“One Bite” Laws
Nevada does not recognize the “One Bite Rule” which is a defense to strict liability in the event the owner of the dog has no knowledge of any prior “bites” or attacks. If there is evidence of such an attack, strict liability will apply.
Nevada does not follow strict liability or the “One-Bite”rule. These cases are treated as common negligence cases in which you must prove the elements of negligence:
If the owner has violated, state or local laws or ordinances, a form of negligence known as Negligence per se may apply. Under this theory, violation of the statute or ordinance alone may form the basis for a claim of negligence against the owner of the animal (e.g., failure to follow leash laws or allowing your dog to roam free or have insufficiently secure fencing).
What Constitutes a Dangerous Dog?
Nevada has defined exactly what constitutes a dangerous or vicious dog. NRS 202.500 sets forth specifically what would be considered a dangerous animal and proscribes criminal penalties for owners who fail to control these types of animals. Under that statute a dog shall be considered dangerous when it:
- Attacks without provocation on two different events within 18 months.
- Acts in such a way that a reasonable person would fear for their wellbeing – the dog must be off its owner’s premises or not within a cage.
- A hound is legally considered “vicious” when it injures, maims, or kills a human being without any reasonable cause of provocation.
If a dog already classified as vicious attacks again, the owner can be found guilty of a felony violation. However, a dog that attacks someone who attacks its owner’s, or its owner’s property nullifies this.
Premises Liability in Dog Bite Cases
Another issue that recurs in dog bite cases is landlord liability for dog bites that occur of their premises by dogs that belong to those landlord’s tenants. If the landlord is aware of the dog’s propensity to be aggressive or bite it can be liable for the damages incurred as well as the property owner – even if the landlord has no ownership of the dog. This often arises when a dog escapes from the rental property and attacks a jogger or a child playing in the area.
What Damages Can I Receive?
Dog bites can cause serious and debilitating injuries. There is often permanent scarring that results. In some extreme cases, a person’s livelihood can be affected by the loss of use of a hand or fingers. Because these cases are complex and often hotly disputed, it is important to obtain an attorney with experience to help you obtain the best possible result after such an unfortunate incident. Obtain the maximum settlement possible by retaining an attorney who can has handled several serious dog bite injuries and can help you obtain the maximum settlement possible.
Have You Been Injured In A Henderson Or Las Vegas Accident?
If you've been injured in an accident you need to speak with an personal injury lawyer as soon as possible. Contact us online or call our Henderson office directly at 702.405.6000 to schedule a free initial consultation.