Dog bites account for some of the most horrific injuries, especially when the victim is a child.  In August 2010, the Center for Disease Control and Prevention published research that found that children ages 5 to 9 are the population most likely to become one of the approximately 4.5 million Americans bitten by a dog each year.  Of those bitten, 20% will require medical attention, and over 30,000 will undergo reconstructive surgery to treat their bites.

In North Carolina, it is up to each municipality to decide whether or not to enact a leash law. The City of Charlotte has a leash law, embodied in Part 2, Section 3, Chapter 71 of the Code of Ordinances. Charlotte's leash law requires dogs to be on a leash or within a fence, regardless of whether it is on the owners property or not. It further provides that if the dog is on a leash, the holder of the leash must be "of sufficient age and physical size or ability" to restrain the dog. The law does allow for use of an "invisible fence" provided there is a visible, permanent sign, and also allows an adult, over the age of 18 to have the dog off leash on the owners property if the adult is immediately adjacent to the dog and the dog is obedient to that persons voice commands.

Violation of Charlotte's leash law does not automatically make a dog's owner liable. North Carolina has laws pertaining to contributory negligence, meaning, if you have contributed any way to your injury, you may be prevented from recovering money damages for your injury. Notwithstanding North Carolina law which seems to allow dogs to have one bite before an owner is responsible, case law holds that dogs owners may be responsible if they knew or should have known of the general propensities of their dogs particular breed.

If a dog has previously been declared a “dangerous dog” by a municipality, North Carolina General Statutes section 67-4.1 holds the owner strictly liable for injuries inflicted by the dog.  On the other hand, if you are bitten by a stray dog, there will be no one to recover damages from as your claim is against the owner of the dog.

If you or a family member has been the victim of a dog bite in North Carolina, our dog bite attorneys can help you with the following:

• Medical Treatment
• Medical Bills
• Lost Wages

In cases involving dog bites, it is critical that immediate investigation be conducted to ensure swift identification of the animal and the owner.  Victims of dog bites can call Auger & Auger at (704)364-3361 for your free consultation.

Additional Resources

• Dog Bite Prevention, CDC
• Dog Bite Prevention, AVMA
• Insurance Information Institute, Dog Bite Liability