Unlike other states, many of which have a one-bite rule when it comes to harm caused by dogs, Nevada does not have any specific statewide dog bite statute. Specific counties and cities could have specific dog bite laws or ordinances, however. If you have been bitten by a dog and you were seriously hurt, you should consult with an experienced personal injury lawyer to determine if there are any dog bite ordinances that are applicable to your case.
If the dog’s owner has not violated and local ordinances or laws because the county or city where the incident occurred does not have any dog bite rules or ordinances, victims can seek damages in a personal injury lawsuit based on the legal premise of negligence. When a dog’s owner violates a local dog-related ordinance, the dog’s owner could be found to be negligent per se, which means that the first half of a negligence case, proving duty and breach, is proven by virtue of a violation of the ordinance.
When Dog Bites are Caused by Owner’s Deviation from Ordinary Level of Care
Negligence-based personal injury claims are rooted in whether someone owed a duty of care to the victim, but due to a breach of that duty of care, the victim suffered an injury. In the case of a dog bite, if the dog bite is a result of the owner’s negligence, then the victim might be entitled to compensation for his or her injuries. The court will evaluate a dog bite personal injury claim by examining the dog owner’s conduct and will determine whether the dog’s owner took reasonable care given the circumstances involved in the situation.
For instance, if the dog was leashed and the owner warned the victim not to approach the dog and even tried to pull the dog away, the court might find that the dog’s owner was not negligent because given the circumstances, the dog’s owner did a lot to prevent the bite from happening. The dog was leashed, the victim was warned, and the owner even tried to pull the dog away from the victim.
On the other hand, if the the owner took no steps to prevent the risk of the dog biting someone by letting it roam around the neighborhood freely, the court would likely find the dog’s owner to have been negligent in light of the circumstances.
Dog Bite Claims Must be Filed Within Two Years
Despite not having a specific law regarding liability for dog-bite injuries, Nevada does have a specific statute of limitations on dog bite-based personal injury claims. A dog bite claim must be filed in court within two years of when the bite occurred under NRS 11.190.
An incident involving a dog could leave a victim with serious injuries and substantial medical expenses. Dog bite victims need to take action as soon as possible to ensure that their personal injury claim is filed within the statute of limitations. Reach out to the team at Parry & Pfau about your dog bite personal injury claim. We are happy to schedule a free consultation with you.
(image courtesy of Henry Majoros)