Dog bite injuries can cause a substantial physical, emotional, and financial toll. If you or a loved one has suffered injuries due to a dog bite, you deserve compassionate legal representation to ensure that your rights are protected and that you receive the compensation you deserve.
At Phillips & McCrea, our experienced team can assist you in pursuing justice and recovering damages for your injuries. From navigating complex legal processes to negotiating with insurance companies, we are committed to fighting tirelessly on behalf of dog bite victims to achieve the best possible outcome for their cases.
What is a Dog Bite Lawsuit?
Dog bite cases can be complex, involving various legal principles and considerations. North Carolina ranks 10th in dog bite cases in the U.S.
A dog bite case typically arises when a person is injured as a result of being bitten by a dog. However, the legal definition of a dog bite case extends beyond just the act of biting and encompasses various scenarios where a person may be injured by a dog’s actions or behavior. In general, a dog bite case includes these concepts:
Physical Injury: The victim must have suffered a physical injury as a result of the dog’s actions. This injury may include puncture wounds, lacerations, bruising, infections, or other harm caused by the dog’s bite or attack.
Ownership or Control: The dog must have been under the ownership or control of another party at the time of the incident. This typically refers to the dog’s owner, but it can also include individuals who are responsible for the dog’s care or custody, such as dog sitters, landlords, or property owners.
Proximate Cause: The dog’s actions must have been the proximate cause of the victim’s injuries. This means that the injuries must have been directly caused by the dog’s bite or attack, rather than by some other unrelated factor.
Dog bite cases involve complex legal principles and considerations — which is where your Charlotte dog bite lawyer steps in. But to win a case, certain elements must be proven.
I have worked and referred cases to Attorney Marcel McCrea in Charlotte, North Carolina, for a number of years. His zealous advocacy, keen attention to details, and client care are particularly noteworthy. He has been especially helpful in some complicated personal injury matters that I have referred to his firm. I highly recommend Marcel McCrea and Phillips and McCrea, PLLC for anyone looking for excellent attorneys.” - Frantz Jacques Phillips and McCrea do great work. When I had my car accident they were very diligent in showing me the process. They took care of all the necessary paperwork and negotiation in my personal injury claim. They were both passionate and determined to get me my settlement. I am eternally grateful. Definitely 5 star lawyers in my book." - Osmund Marcellin I was recently injured in a car accident. I hired Attorney Marcel McCrea of Phillips and McCrea, PLLC in Charlotte, NC to help me with my personal injury matter and to recover for my medical bills, lost wages, and pain and suffering. - S. Jackson
Before hiring the firm, I tried to negotiate with the insurance company on my own and got no where. Marcel McCrea did an excellent job and helped me to recover much more than I expected. Marcel and his staff exceeded my expectations and provided great customer service. I highly recommend the firm!"
What Needs to be Proven in a Dog Bite Case?
The cornerstone of a dog bite personal injury lawsuit is the actual occurrence of a bite or attack by a dog. In North Carolina, the victim must have suffered physical injuries as a direct result of being bitten by a dog.
To establish liability, it must be demonstrated that the dog’s owner or keeper had ownership or control of the dog at the time of the incident.
One of the key legal principles that come into play in these cases is the “one bite rule.” Understanding how this rule applies in North Carolina can be crucial for anyone involved in a dog bite incident, whether as a victim or a dog owner.
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What is the “One Bite Rule”?
The “one bite rule” is a legal doctrine that historically shielded dog owners from liability for injuries caused by their dogs’ first bite or attack. Essentially, it means that a dog owner may not be held legally responsible for a dog bite unless they were aware of the dog’s dangerous propensities or had reason to know that the dog was likely to bite or attack someone.
North Carolina follows the “one bite rule” doctrine, but with certain nuances and exceptions.
As a general rule, a dog owner may not be held liable for the first bite by their dog if they had no prior knowledge of the dog’s dangerous tendencies. This means that if a dog with no history of aggression suddenly bites someone without provocation, the owner may not automatically be held liable under the “one bite rule.”
However, once a dog owner is aware of their dog’s aggressive behavior or propensity to bite, they can be held liable for any future bites or attacks caused by the dog. This is often referred to as the “scienter” requirement, meaning the owner had prior knowledge of the dog’s dangerous tendencies.
Even if the “one bite rule” applies, victims of dog bites in North Carolina may still have legal recourse under theories of negligence or other statutes. For example, if a dog owner fails to properly restrain their dog or allows it to roam freely despite knowing its aggressive tendencies, they may be held liable for any resulting injuries under principles of negligence.
It’s important to note that North Carolina also has a strict liability statute specifically addressing injuries caused by dangerous dogs. Under this statute, dog owners can be held strictly liable for injuries caused by their dogs if the dog was running at large, unprovoked, and the victim was in a public place or lawfully in a private place at the time of the attack.
While North Carolina follows the “one bite rule” doctrine, it’s not an absolute bar to liability for dog owners. Understanding the nuances of this rule and other relevant statutes is essential for effectively advocating for victims of dog bite injuries — and why a Charlotte dog bite lawyer can be an important advocate for you.
What are the Potential Damages of a Dog Bite Lawsuit?
Victims of a dog bite injury may be entitled to numerous types of damages. These may include:
Medical Expenses: One of the most immediate and tangible damages in a dog bite case is medical expenses. These can include ambulance fees, emergency room visits, surgical procedures, hospitalization, medications, and any other costs associated with treating the injuries sustained from the dog bite. In severe cases, victims may require ongoing medical care, rehabilitation, or even cosmetic surgery to address scarring or disfigurement.
Lost Income and Future Earning Capacity: Serious dog bites can result in the victim being unable to work for a period of time, leading to lost wages or income. In some cases, the injuries sustained may prevent the victim from returning to their previous occupation or may impact their ability to earn income in the future. Compensation for lost income and reduced earning capacity can be sought in a dog bite lawsuit.
Pain and Suffering: The physical pain and emotional trauma inflicted by a dog bite can be substantial and long-lasting. Compensation for pain and suffering aims to provide redress for the physical discomfort, mental anguish, and emotional distress experienced by the victim as a result of the attack. This type of damage is often subjective and can vary greatly depending on the severity of the injuries and their impact on the victim’s life.
Disfigurement and Scarring: Dog bites frequently result in visible scars or disfigurement, which can have significant psychological and social consequences for the victim. Compensation for disfigurement and scarring takes into account the permanent alteration of the victim’s appearance and the associated emotional distress and loss of self-esteem. This type of damage is often assessed based on the location, size, and severity of the scars, as well as any necessary medical treatment or cosmetic procedures required to address them.
Psychological Trauma and Counseling: Being attacked by a dog can leave lasting psychological scars, including symptoms of post-traumatic stress disorder (PTSD), anxiety, depression, and phobias related to dogs or similar situations. Compensation may be sought for the cost of therapy, counseling, or psychiatric treatment needed to address these psychological injuries and help the victim cope with their trauma.
Punitive Damages: In cases where the dog owner’s conduct was particularly egregious or reckless, punitive damages may be awarded in addition to compensatory damages. Punitive damages are intended to punish the defendant for their misconduct and deter similar behavior in the future. However, punitive damages are relatively rare in dog bite cases and are typically reserved for cases involving extreme negligence or intentional wrongdoing.
When Should I Hire a Charlotte Dog Bite Lawyer?
If you or a loved one has been bitten by a dog in Charlotte, North Carolina, it may be time to consider hiring a dog bite lawyer. At Phillips & McCrea, PLLC, we recommend seeking legal assistance if the dog bite resulted in significant injuries, medical expenses, lost wages, or if there is a dispute about the ownership of the dog or the circumstances of the incident.
It is crucial to consult with a Charlotte dog bite lawyer soon after the incident to ensure that your rights are protected and to navigate the legal intricacies effectively. Time is of the essence, as North Carolina has a statute of limitations for personal injury claims, including dog bites, which generally allows three years from the date of the incident to file a lawsuit. Our experienced attorneys at Phillips & McCrea, PLLC can help you gather the necessary evidence, assess the full extent of your damages, and advocate for fair compensation. We understand the physical, emotional, and financial toll a dog bite can take on an individual and their family, and we are committed to providing compassionate and competent legal representation to protect your interests and achieve the best possible outcome.
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Fighting for What You Deserve
If you or a loved one has been bitten or attacked by a dog in Charlotte, North Carolina, it’s crucial to understand your rights and options for seeking compensation for your damages.
An experienced Charlotte dog bite lawyer at Phillips & McCrea can help you navigate the legal process and pursue the full extent of the damages you may be entitled to receive. Remember, every case is unique, and an attorney can provide personalized guidance based on the specific circumstances of your situation.
Don’t hesitate reach out today to schedule your free consultation. At Phillips & McCrea, we are here to listen, support, and fight for your rights. Let us be your trusted advocates during this challenging time.