We visit family and friends around the mountains to lend a hand, celebrate a special day, or just to say “Hi.” Unfortunately, when there’s a dog in the house, a bite incident can occur.
Dog owners who are negligent in keeping dogs out of situations where they might bite can be held liable for injuries when they occur.
It’s not a pleasant thought to consider filing an injury claim against a friend, but victims may have no choice when they face massive medical bills and lost time at work. However, as we’ll find, dog owners usually wouldn’t face direct financial harm by a claim for damages. Victims can seek the support they need to recover without regret.
Dog Bite Dangers at Someone’s Home
A loved one’s pets are often a welcome part of any family gathering. Dogs can liven up any backyard cookout or even a Christmas party. However, dog owners are required to protect their dogs and their visitors from scary situations that could lead to a bite.
The dog may find itself in a situation that makes it scared or confused. It might get protective when a stranger walks in. It’s not the dog’s fault, and in fact, it’s up to the dog owner to prevent these encounters and temptations for a bite.
Whether a dog can handle meeting a lot of new people and/or being exposed to some curious children who come over is up to the dog owner. North Carolina holds dog owners responsible for the safety of anyone who might come too close to a pet.
They must restrain dogs with a leash or control them in a secure, fenced-in yard. During a party, that control might mean locking the dog in a separate room. Dog owners can let their pets in on the fun, but they are often fully responsible if someone gets hurt.
Who Is Responsible for a Dog Bite If I’m Hurt at a Family Member’s Home?
North Carolina usually holds dog owners liable for bite incidents, but in some situations, you may need to show more evidence of a dog owner’s carelessness than others.
When dogs have a record of biting or have been deemed a dangerous dog by local animal control officials, the case falls under “strict liability.” This means the dog owner is almost always liable for the costs of a victim’s recovery, and not a lot of evidence is needed to show the liability. Under strict liability, all that’s generally needed is that a bite occurred and that the person owns the dog.
The victim can seek injury support. The only way a dog owner could avoid responsibility is if the victim is shown to have provoked the dog or had trespassed. Since a victim visiting family or friends would usually be invited in, trespassing wouldn’t be an issue.
Child victims also wouldn’t normally be held liable for their actions (like provoking a pet) that might lead to a bite. The dog owner would still be liable for keeping a pet away from children to prevent a confusing situation for the dog.
You can find out more about what’s considered a dangerous dog on our Asheville Dog Bite Lawyer page.
For a dog bite delivered by a dog that didn’t have a previous record, victims may need more evidence to hold a dog owner liable. Strict liability wouldn’t apply, and the burden of proof for the victim would be higher.
The victim would need to prove the dog owner was negligent in keeping the dog safely away from an adult or a child to prevent an attack. That might mean not leashing a dog or not securing an enclosure gate properly.
Fortunately, victims don’t have to prove their cases alone. A Melrose dog bite lawyer would collect the evidence necessary to hold a dog owner’s insurer liable. Our lawyers also demand enough from an insurance company, so the victim has enough to pay all medical bills, replace all lost paychecks while out of work, and additional money for the pain and emotional trauma a bite might cause.
Should I Feel Bad for Filing an Accident Claim Against a Family Member or Friend?
Dog bite accident claims are filed against the dog owner’s homeowners insurance or renters insurance, and usually wouldn’t directly take any money from the owner.
Victims of a dog bite can need medical care, and even surgery to close a deep puncture wound or to repair a badly broken bone.
In the tragic case of a young victim, their injuries can be much more serious as they have less tissue to defend against a bite. They are also shorter and easier for a dog to reach, putting vital organs and their faces at risk. Children can require restorative surgeries to repair disfigurements. They may even need support for their teen years when old injuries can flare back up during their development into adulthood.
Your family or your friends pay insurance premiums to help in these situations. They would likely want victims to be able to afford the best care available, especially a young victim. It’s up to you to take care of yourself or your child after a scary bite. Hopefully, a loved one will understand and support you through recovery.
Contact an Asheville Dog Bite Attorney
Your Melrose Law lawyer will fully investigate your accident and help you force an insurance company to provide what is needed for a complete recovery. We can help you after a frightening attack at a friend’s or family member’s home.
If you or a loved one suffers a serious dog bite injury in Asheville, Waynesville, 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. It’s completely confidential, so no one else has to know that you’ve explored your options.
There’s also no stress about paying a lawyer if you decide you need one. Melrose Law doesn’t get paid unless we win your case for you. Then our fee comes out of the settlement check that a dog owner’s insurer must send you.
