A dog bite can cause long-term injuries, leave victims with a stack of hospital bills, and interfere with their ability to earn a paycheck. In many cases, a North Carolina dog owner can be held fully liable for these and other hardships.
Melrose Law of Asheville helps dog bite victims prove a dog owner’s liability and then demand the maximum in recovery support possible.
We are ready to talk to you in a free, no-obligation consultation. It’s time to focus on healing while allowing us to fight on your behalf.
Do I Need a Lawyer If I’m Bitten by a Dog?
If your injuries are serious, it’s a good idea to have an Asheville Dog Bite Lawyer represent your case. Suffering a broken bone, a disfigurement, or nerve damage will require extensive care and raise hospital bills. When you seek help, you may be up against major homeowners insurance providers. Having a lawyer to protect your interests may result in earning thousands of dollars more and avoiding having to pay any of your own hospital bills.
Insurance companies acting on behalf of dog owners can refuse to take the blame for what happened, maybe even trying to blame you. They can also cast doubt on your injuries, so they can offer you far less than you need to fully recover. Your attorney fully investigates your case and gathers the evidence needed to keep the responsibility squarely on the dog owner and the insurer.
Dog Bite Dangers in Asheville
It should come as no surprise that people who live in Asheville love their dogs. Most of the time, dogs behave themselves and are a source of constant enjoyment to their owners. However, dogs sometimes do the unexpected and bite someone. These bites can be extremely painful, and the medical bills can often be life-altering. Dog bites can leave extensive scarring and can also result in catastrophic injuries.
It’s a risk in a city like Asheville, where the outdoors is such a huge part of family life. You might encounter a dog on the loose in your neighborhood, along a trail on the Parkway, or even at a dog park like Buncombe County Dog Park in Candler.
Dog bites are notoriously difficult to recover from. Bones are often broken in multiple places. Infections arise in wounds, slowing healing and even becoming life-threatening.
These are all complications that can take months or years to fully recover from. They can also leave permanent physical disabilities behind, changing someone’s life forever. Victims will need financial support for as long as necessary, but proving a dog owner was negligent and should be liable can prove difficult.
A skilled Asheville lawyer allows victims to focus on getting better and completing physical therapy and not on financial worries. Melrose Law builds a strong case and then demands the most possible for the client’s injuries. No less than what they need to restore their lives to the way they once were.
Who is Responsible for Dog Bites in Asheville?
North Carolina generally follows a “one bite” rule when it comes to dog bites. It means that dog owners aren’t automatically found financially liable for the victim’s damages. It would usually hinge on the dog’s history.
If the dog in question has never bitten anyone before and doesn’t have a history of aggression, the dog owner can sometimes avoid taking financial responsibility for injuries. A bite from a dog that has bitten before or has been identified as dangerous could leave the dog owner accountable.
- The dog owner might also be held liable if it’s proven that the dog owner had plenty of evidence of the dog’s potential to bite and should have known it was a risk. This might include examples in the past where the dog responds aggressively to other people. If a dog owner knew or should have known of the risks to others, the owner may be proven liable.
- Negligence. A dog owner may be found liable regardless of the dog’s history if the owner failed to properly restrain an aggressive dog with a leash or within a secure fence in the backyard.
- NC law also specifically prohibits owners from letting dogs run free, unaccompanied, and off leash at night. North Carolina General Assembly General Statute (G.S.) 67-12 explains that someone guilty of ignoring this law is responsible for all damages and injuries that result.
A dog bite case can be complex when a dog owner or an insurance provider doesn’t admit fault. An Asheville Dog Bite Attorney can help sort out who may be held liable and collect the evidence to assign fault with the right party.
What Is Considered a “Dangerous Dog” in North Carolina?
As far as being a dog with a history, the dog could be identified as a “dangerous dog” according to state law. The law explains what type of past record would lead to a dog receiving a dangerous dog label.
67‑4.1. (a)(1) 1.a. A dog that:
- Without provocation has killed or inflicted severe injury on a person; or
- Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of this subsection.
b. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
A dog with a well-documented history would usually leave the dog owner liable for most bite incidents. They would be financially responsible unless it was found that the victim was trespassing at the time of the attack or provoked the dog.
This official designation would be decided by Asheville’s Animal Control. According to Asheville Code Sec. 3-28, the dogs on this list are tracked and should be easily identified. Owners who have a dangerous dog would need to alert Animal Control administrators when they move with the dog or sell the dog. Inspections of enclosures may be conducted to see if they are safe. Owners may be required to show proof of liability insurance.
A dog with a well-documented history would usually leave the dog owner liable for most bite incidents. They would be financially responsible unless it was found that the victim was trespassing at the time of the attack or provoked the dog.
This official designation would be decided by Asheville’s Animal Control. According to Asheville Code Sec. 3-28, the dogs on this list are tracked and should be easily identified. Owners who have a dangerous dog would need to alert Animal Control administrators when they move with the dog or sell the dog. Inspections of enclosures may be conducted to see if they are safe. Owners may be required to show proof of liability insurance.
Can I Sue Landlords if a Dog Bite Happens on Their Property?
If the dog owner is renting their house, it is also possible that the owner of the property may have some liability and financial responsibility for your injuries. The attorney would need to prove that the property owner had awareness that the renter kept a dangerous dog on the property, and that the landlord could have prevented the incident.
Proving a landlord is responsible for dog bite injuries is often difficult and requires extensive investigation. You or your loved one would be best served by hiring an experienced Asheville dog bite lawyer to help prove claims against either the dog owner or the landlord. The more people you can prove have some responsibility, the more likely it is that an insurance company will be on the hook to compensate you for your injuries.
What to Do If You Are Bitten by a Dog
If you or a family member has been bitten by a dog, see to your safety first. Call 911 and request an ambulance if you are injured. If you are able and the dog is no longer a threat, you should take some initial steps to protect yourself legally. Quick action can preserve your potential claim against the dog owner or their insurance company:
- Take pictures of the dog, the scene of the attack, and your injuries. It’s important to document how the injuries look at the time of the bite, as a jury usually awards more in damages if there’s extensive photo documentation.
- Get the dog owner’s contact information. A name and phone number are a good start. If possible, also get a copy of their homeowner’s insurance or renter’s insurance policy.
- Get immediate medical attention. Any “delay in treatment” will result in a
The jury believing your injuries were not as serious as they really were. - Call the police and report the incident to the police and the local animal control agency. They will investigate a dog bite incident anytime a serious dog bite injury is reported.
Asheville police should be contacted immediately after a bite incident. This might involve dialing 911 if you need medical attention.
If the bite breaks the skin, you must also make sure the incident is reported to the City’s Animal Services division by calling 828-252-1110. If your accident occurred outside of Asheville but in Buncombe County, you should contact Buncombe County Animal Services
828-250-6670.
It’s of vital importance to begin immediately preserving evidence and allowing someone to investigate your accident. It’s the first step to build a strong case that insurers can’t deny. You should be fully supported so you can afford the best care available for your dog bite injuries.
Types of Dog Bite Damages
Dog bites, especially from larger dogs, can cause serious and permanent injuries.
The recoveries can be difficult and painful. The support victims receive in a dog bite injury settlement should include:
- All future and current Medical Expenses
- Support for nerve damage
- Support to repair scarring and disfigurement damage
- Support for physical therapy when the victim needs to learn to walk normally again or to use an injured limb
- The reimbursement of lost wages while victims miss work
- Support for the pain victims go through and may continue to experience
- Support for Emotional Damages, including PTSD symptoms from a scary attack
- Wrongful Death support for families who lose a loved one to a dog bite
Our team works tirelessly to preserve evidence and collect medical information to prove the full extent of your injuries. While the goal of any claim where an insurance company is involved is to try to get a fair settlement, our approach is to push our cases towards trial.
Insurance companies will only pay fair compensation if they are forced to do so. We work against insurance companies every day of the week and know how they operate.
Frequently Asked Questions
How long do I have to bring a Dog Bite Injury Claim?
If you are injured by a dog, you have three years to bring a lawsuit under North Carolina law. If your loved one was killed in a dog attack, you must bring a claim within two years of your loved one’s passing.
If you fail to bring your claim within this period of time, you will be barred from ever recovering for your damages in court, so it is of the utmost importance to diligently pursue a recovery as soon as possible after the bite.
What if I can’t afford to pay an Asheville dog bite lawyer?
If you need help to get the maximum support for your injury, you don’t need any money to hire a lawyer. Melrose personal injury lawyers work on a contingency basis. It means we only get paid if we win your case. If we lose, you don’t owe anything. If we win, our fee actually comes out of the settlement money that an at-fault party must pay you.
What type of extra support can a child dog bite victim need?
Children will always be the most vulnerable victims of dog attacks. They have less tissue and weaker bones that don’t offer the same protection that adults would have when bitten. They are usually smaller than adults, meaning their vital areas, like internal organs, their eyes, and their neck, are all within reach of a dog’s mouth. They can suffer severe and life-threatening injuries.
A Melrose Law representative would demand compensation for the child to cover every current medical bill. Any settlement must also include support for the child in the future. This is critical because an injury suffered in childhood can flare up in the teen years as children start to mature into adulthood. An old injury that was thought to be healed can suddenly require surgery.
A child may require additional physical therapy or restorative surgery to improve a disfigurement or scar. Melrose Law handles the frustrating negotiation with insurance companies and provides as little disruption to children in recovery and their families as possible. We fight to get more for every young victim.
Contact an Asheville Dog Bite Attorney
Your Melrose Law lawyer will fully investigate your accident and the dog owner responsible. The evidence gathered can make a big difference in the outcome of your case and the level of support you and your family receive. Victims with the same general injury can receive very different settlement amounts. A lawyer can help tip the scales of justice in your favor.
If you or a loved one has been injured in a dog bite attack in Asheville or anywhere in Western North Carolina, please give us a call for a free case evaluation. This call is “no strings attached,” and there is no obligation to hire us if you decide to give our office a call.
We have offices in Asheville and Waynesville with an entire legal team ready to help you fully rebound after a terrible attack.
