Suffering a dog bite can be a traumatic experience and often carries life-altering consequences, such as serious injuries, emotional distress, and financial burdens. Dog owners have a legal duty to ensure that others are not at risk of an attack. Those who fail to do so may be considered negligent, and any victims of a dog bite incident caused by negligence may seek damages from the dog owner in a personal injury claim.
At the Cottle Firm, our Henderson dog bite lawyers understand the difficulties you may be facing following a dog bite incident. We are committed to helping dog bite victims hold the responsible parties accountable and securing the financial compensation they deserve. Contact the Cottle Firm today at 702-722-6111 to learn more about your legal options in a free consultation.
Dog Bite Laws in Nevada
Nevada is one of a handful of states without specific dog bite statutes. However, Nevada law recognizes a legal concept known as the “one bite” rule and laws regarding dangerous dogs, vicious dogs, and leashes.
One Bite Rule
According to the one-bite rule, a dog owner may be held liable for injuries caused by their dog if they knew or reasonably should have known that the animal was capable of attacking. If the dog had no prior incidents involving biting or attacking, the owner would likely not be considered liable. However, if the dog had bitten or attacked someone else even once in the past, the dog owner is aware that the dog has aggressive tendencies and may be held liable for damages.
Dangerous and Vicious Dogs
Nevada Revised Statute section 202.500 outlines the definition of both “dangerous” and “vicious” dogs, along with the requirements for those who own such dogs, and penalties for failing to follow these laws.
According to this statute, a dog may be legally deemed dangerous if it has behaved menacingly in a way that would cause a reasonable person to defend themselves from harm on two separate occasions within 18 months, and without provocation. A dog may be assigned the more severe “vicious dog” label if it has ever killed or seriously injured a human being.
Under this law, owners are permitted to keep dangerous dogs. However, they must meet the following requirements:
- Contact an Animal Regulation Officer for a dangerous dog permit
- Always keep the dog on a leash while in public
- The dog must always wear a muzzle in public
- Warning signs must be displayed on the dog owner’s property
- The dog must be microchipped and spayed or neutered.
Dogs that are declared vicious are illegal to keep or give away. In addition to criminal penalties, the owners of dangerous or vicious dogs that attack people can be held liable in a civil personal injury claim.
Leash Laws
Nevada has no state-wide leash laws, but municipalities set their own laws regarding leashes. According to Henderson Municipal Code section 7.08.020, all animals must be on a leash when in public. If an unleashed dog attacks someone and injures them, the owner could be considered negligent for failing to use a leash.
Common Dog Bite Injuries
Dog bites can result in a range of injuries, from relatively minor ones that eventually heal with treatment to severe injuries involving lifelong complications and disabilities. Some of the most common dog bite injuries in Henderson include:
- Puncture Wounds: The piercing of a dog’s teeth can cause puncture wounds. These deep wounds often involve heavy bleeding and may lead to infection.
- Lacerations: Cuts and tears in the skin that may require stitches or surgery in severe cases.
- Infections: Dog bites introduce bacteria into the body, which can result in severe infections if not treated quickly.
- Fractures: The force of a strong bite can result in broken bones, especially if the bite comes from a larger dog. Children and older adults are especially vulnerable to fractures from dog bites.
- Scarring and Disfigurement: Severe dog bites can result in permanent scars or disfigurement.
- Nerve Damage– A dog bite that deeply punctures the skin can result in severed nerves and nerve damage. Even if there is no puncture, the force from the dog’s jaws can sometimes damage nerves.
- Emotional Trauma: Suffering a dog bite is an extremely traumatic experience that can result in various forms of emotional trauma, including anxiety and post-traumatic stress disorder (PTSD).
Common Causes of Dog Bite Injuries
Dog bites can happen for a variety of reasons, often stemming from certain behaviors or conditions.
Owner Negligence
All dog owners have a legal duty to control their dogs and prevent them from harming others. However, some dog owners are negligent and this negligence can result in preventable injuries to others. Common forms of owner negligence include failing to train or socialize the dog properly, not securing the dog in public, or ignoring signs of aggressive behavior.
Lack of Supervision
Dogs left unsupervised are more likely to bite, especially when left around children or strangers. Dogs can become anxious or stressed without proper supervision and this can lead to aggressive behavior. If a dog owner leaves their animal unsupervised and it bites someone else, the owner may be considered negligent.
Previous Aggression
Dogs with a history of aggression are more likely to attack again. Prior incidents of biting or aggressive behavior are indicators that the dog may pose a danger in the future. Owners of such dogs must take precautions to prevent them from attacking others, including training, supervision, and muzzling the dog in public.
Provocation
Not all dog bites are the owner’s fault. Even the most gentle dogs can react aggressively if they feel threatened or provoked. Provocation may include sudden movements, loud noises, or actions that the dog perceives as a threat. Children often unknowingly provoke dogs while playing.
Steps to Take After a Dog Bite
Apply First Aid and Seek Medical Attention
Some dog bites can be treated at home with first aid, while more severe ones should be evaluated at a hospital. Even if you can care for the wound on your own, you should still see a doctor. Dog bite wounds can often become infected and seeking professional medical attention can help prevent further complications.
Report the Incident
Contact animal control or the police to report the dog bite. An official report can serve as evidence in a personal injury claim and may help prevent future incidents involving the same dog. The authorities can also investigate whether the dog has a history of aggression or if the owner has previously been negligent.
Document Evidence
Gather as much evidence as possible to support your personal injury claim, including:
- Photographs: Take photos of your injuries, the scene of the incident, and the dog if possible.
- Witness Statements: Collect contact information from anyone who witnessed the attack. Witnesses can provide accounts of the incident and help establish the dog owner’s liability.
- Medical Records: Keep detailed records of your medical treatment and expenses related to the bite and injuries. These documents can help prove the extent of your injuries and the associated costs.
Contact a Dog Bite Lawyer
Reach out to an experienced Henderson dog bite lawyer who can guide you through the legal process and help you seek financial compensation for your injuries. At the Cottle Firm, our dog bite lawyers can evaluate your case, advise you on the best course of action, and represent you in settlement negotiations or court proceedings, if necessary.
Dog Bite FAQ
When Can an Owner Be Held Liable for a Dog Bite?
Dog owners can be held liable for bites if the owner’s negligence is a contributing factor. This is often the case when the owner was violating a law when the bite happened, such as failure to leash their dog or keeping a dog that has been declared vicious by the state. The one-bite rule is also often the basis of negligence claims for dog bites.
If the dog had bitten someone in the past and the owner failed to prevent further aggression, they could be held liable in a personal injury claim, or a wrongful death claim if the victim’s injuries were fatal.
How Long Do I Have to File a Dog Bite Lawsuit?
If you have been bitten by someone else’s dog and wish to take legal action, you should do so as soon as possible. Nevada has a two-year statute of limitations for most personal injury lawsuits, including dog bite claims. This deadline begins on the date of the attack. If you fail to file a personal injury claim within this timeframe, you may forfeit your right to seek financial compensation for your injuries.
Does Homeowners Insurance Cover Dog Bites?
In most cases, Nevada dog bites are covered by homeowner’s insurance. If you were bitten by someone else’s dog, your claim would likely be filed against that individual’s insurance provider. This insurance policy can cover part of the damages, but many dog bite victims have additional medical bills and other expenses that are not covered by insurance. In such cases, a personal injury claim may need to be filed to recover enough compensation to cover all damages.
Discuss Your Case With a Henderson Dog Bite Lawyer
Have you or a loved one recently been bitten by someone else’s dog in Henderson? At the Cottle Firm, our dedicated Henderson dog bite lawyers are prepared to stand by your side and help you seek the financial compensation you need for medical expenses, emotional distress, pain and suffering, and other damages. Give us a call today at 702-722-6111 to discuss your dog bite case in a free consultation.