Call Our Las Vegas Dog Bite Attorney for Help: (702) 423-3333
At Eric Roy Law Firm, we are aggressive and experienced in getting results fast for cases with dog and other animal attacks. Our firm can help you recover damages and compensation for your injuries and suffering. We've seen numerous cases of victims being bitten or attacked by dogs, and we understand how devastating a dog bite injury can be.
But what can you do if you are a victim of such an assault? The law does provide remedies for those injured by animals, mostly dogs, due to their owner's carelessness and negligence. Our Las Vegas dog bite lawyer can explain your rights and what you can do next.
Find out more about your remedies during a free case review.
Basis for Dog Bite Liability
There are three types of laws that form the basis for a claim for a dog or animal attack:
- Strict liability: Most jurisdictions have chosen to treat dog and animal bites and attacks under a "strict liability" theory of recovery. Under such a theory, the victim of a dog bite or animal attack may recover compensation regardless of that owner's fault.
- "One Bite" laws: Under "One Bite" jurisdiction rules, a dog owner may be held strictly liable for his/her dog's attack where the dog had previously attacked a person and the owner had knowledge or should have known of such attack.
- Negligence: Nevada subscribes to neither strict liability nor "One Bite" rule; rather, in Nevada a dog owner will be held liable where a Plaintiff proves that owner's negligence in handling his animal. In Nevada, dog bite victims must show the general elements of a negligence claim to recover, that is: 1) Duty, 2) Breach, 3) Causation, and 4) Damages.
Under a negligence theory of recovery, state and local rules and ordinances may provide a basis for recovery where a dog or animal owner fails to abide by those rules and ordinances and his/her dog injures a person as a result. Examples of negligence include failing to keep your dog or animal leashed when in public, failing to provide proper fencing sufficient to restrain the dog within the owner's property.
What Constitutes a Dangerous Dog?
Some people are naturally fearful of all dogs – should a dog that frightens them be considered dangerous? Other dogs are instinctually prone to growl at people going past their property – are each of these canines truly dangerous? In order to ensure that dogs and their owners are protected from overzealous or exaggerated claims of animal aggression, there are actually legal statutes in Nevada State law that define just what should be considered a dangerous dog.
A dog shall be considered dangerous when it:
- Attacks without provocation on two different events within 18 months.
- Acts in such a way that a reasonable person would fear for their wellbeing – the dog must be off its owner's premises or not within a cage.
A hound is legally considered "vicious" when it injures, maims, or kills a human being without any reasonable cause of provocation. If a dog already classified as vicious attacks again, the owner can be found guilty of a felony violation. Oppositely, a dog that attacks in its, its owner's, or its owner's property's defense against a person committing a crime is not to be considered vicious or dangerous. For example, someone breaking into your car cannot claim your dog is dangerous if it runs up and bites them.
Premises Liability in Dog Bite Cases
Another issue that recurs in dog bite cases is landlord liability for dog bites that occur of their premises by dogs that belong to those landlord's tenants. For example, the issue may arise where a dog escapes from a backyard because the fencing is inadequate or in a state of disrepair and the dog attacks a child on the street. Another common occurrence is where children attempt to pet or tease an animal that is restrained within inadequate fencing and that dog subsequently bites the victim.
In Nevada, land owner's liability for injuries occurring off the premises or on by dogs belonging to their tenants do not turn on their status as land owners. Rather, land owners and landlords are required to conform to normal standards of reasonableness under general principles of tort law. This means that a landlord does not have a duty to protect third parties from injuries occurring off the premises if the landlord simply has knowledge of a dangerous condition or passively permits the condition to persist.
What Damages Can I Receive?
Damages for dog bites can range from the mild bruise to a full blown mauling that leaves a victim permanently disabled and disfigured. Consequently, dog bite litigation can be a serious matter that takes an experienced and dedicated attorney to handle. Our Las Vegas dog bite attorney can help you receive the maximum compensation possible for medical treatment, surgeries, pain and suffering, and more.
Discuss your claim with an experienced lawyer today.