North Carolina, like every other state, has specific laws set in place to address dog bites. These laws are set forth to protect dog bite victims and ensure pet owner responsibility. Understanding these laws is important for all individuals in North Carolina who either own a dog or are likely to encounter one in their daily lives. Here we will explore some of the most important dog bite laws in North Carolina.

Strict Liability

In North Carolina, liability is largely determined by whether you knew that your dog was dangerous. N.C. Gen. Stat. § 67‑4.1 defines a dangerous dog as one that has previously inflicted severe injury, killed someone, or is determined to be potentially dangerous by the Board, county, or municipal authority responsible for animal control. Furthermore, if a dog is knowledgeable about their dog being a danger or threat, the owner may be strictly liable for any injury or death caused by the dog. In addition, a dog owner may be held strictly liable for any injuries inflicted by their dog if the dog is older than six months and is let out at night without supervision. Owners who have been found guilty of this may be charged with a Class 3 misdemeanor as well.

Exceptions to Strict Liability

There are a few exceptions to North Carolina’s strict liability laws that are important to know. Under these circumstances, a dog owner may not be held liable for the injuries their dog caused:

• If the dog is carrying out law enforcement duties
• If the dog bit the injured party because they were provoked
• If the injured party was trespassing on the dog owner’s property

Confinement Requirements

As defined by N.C. Gen. Stat. §130A‑196, a dog who has bitten another individual must be placed in confinement for 10 days at a location determined by the local health director. During this time, the dog will be monitored to see if they are exhibiting any signs of rabies. Even if a dog has been vaccinated for rabies, they will still be subjected to this confinement period. Individuals who have been bitten by a dog with rabies must seek medical attention immediately as the spread of rabies can be fatal. If a dog has been diagnosed with rabies, they must be put to death per N.C Gen. Stat. § 130A‑199.

Statute of Limitations for Dog Bite Claims 

The statute of limitations for filing a dog bite claim in the state of North Carolina is three years from the date of the incident. It is important that you file a claim within this time period as failure to do so may prevent you from recovering any compensation for your injuries. To ensure that you meet all legal requirements and have a thorough understanding of the nuanced dog bite laws in North Carolina, it is important that you seek legal advice from a Wilmington dog bite attorney. An experienced attorney can help guide you through the legal process and make sure that you recover maximum compensation and justice.