In the aftermath of a dog bite, you may find yourself reeling from emotional trauma on top of the injury itself. The legal process doesn’t seem to make it any easier. It can be intimidating, especially when you don’t know the laws surrounding dog bites.
You may have heard about Nevada’s “one-bite rule.” The rule governs which dog-bite circumstances are eligible for a successful lawsuit. But this rule isn’t as cut-and-dry as it might seem at first glance, and many dog bite victims find that they have a strong legal case, regardless of whether the offending dog fits the traditional “one bite” offense category.
In this blog, our Las Vegas dog bite lawyers for kids and other victims will help you understand more about your legal options.
What Is Nevada’s “One-Bite Rule”?
According to the “one-bite rule,” it may be harder to hold a dog owner liable if the dog has no history of a bite or aggression.
However, there are multiple exceptions and nuances to the rule that can make the dog’s owner liable, even without a previously reported attack.
Designations for Aggressive Dogs
The one bite rule divides dogs with a violent history into two categories: dangerous and vicious. But what exactly makes a dog “dangerous” or “vicious?”
What Makes a Dog “Dangerous”?
The law marks a dog as “dangerous” if it shows menacing or aggressive behavior towards another person (including attacks) twice within 18 months. This must be unprovoked aggression. If the dog acts in response to pain or in defense, that won’t designate it as “dangerous.”
In the state of Nevada, the owners of dangerous dogs must comply with specific regulations. These include paying for legal registration and liability insurance. The owner must securely enclose the dog within their property and place clearly visible warning signs on the outside. If a dangerous dog owner doesn’t comply with these regulations, they are guilty of a misdemeanor.
In the case that a dangerous dog bites you, you have substantial grounds for a lawsuit because the owner was aware of their dog’s violent tendencies. This applies even if it doesn’t have that “one bite” on its record, especially if the owner isn’t complying with the regulations.
What Makes a Dog “Vicious”?
A “vicious” designation is the next level up from “dangerous.” A dog can earn this designation if it continues to show aggressive behavior towards people after being marked as dangerous. However, a dog can skip the dangerous title and go straight to “vicious” if it has seriously injured or killed a person.
In Nevada, owning or selling a vicious dog is against the law. The same exception to the “one-bite rule” applies here as it does with dangerous dogs. So if a vicious dog bites you, the owner is highly likely to be found liable for your injury and for owning a vicious dog in the first place.
Do I Still Have Options if the Offending Dog Has No Bite History?
The dog that bit you may not be “dangerous,” “vicious,” or have a bite already on its record. But you’re not out of legal options. With or without a violent history, you may still be able to sue for owner negligence.
Let’s say the dog’s owner failed to take the necessary precautions to prevent an attack. They may have violated Nevada’s animal control laws, including failing to leash the dog or to properly secure it in a cage or behind a strong fence on their property. This owner could be found guilty of negligence.
Or perhaps the owner recognized clear signs of an attack but did not intervene. The dog may have started growling or lunging at you before it attacked you. If the owner didn’t try to restrain or control the dog, they could be found negligent and liable for your injury.
These are just a couple of scenarios that open the door for a legal case, but there are many more. Contact an attorney to find out if your dog bite merits a personal injury claim.
Defending Your Rights the Right Way
In any dog attack case, regardless of the circumstances, seek medical attention and report the incident right away. Reporting to Las Vegas animal control and law enforcement documents the incident. This documentation can help you recover damages, which may include compensation for medical care, lost wages, and even pain and suffering.
You should also contact a “dog bite lawyer near me.” A dog bite can lead to physical and emotional pain, disfigurement, and scarring. It can also land you with heavy financial burdens. Even if the offending dog doesn’t fit the traditional “dangerous” or “vicious” label, you may still have a strong legal case on your hands. Let an attorney guide you through the process so that you can get the compensation and care you deserve.