Dog Bite Laws in Nevada
Being bitten by a dog is a frightening experience that can lead to significant physical and emotional trauma. When a dog bite happens involving someone else’s dog or your own, you might wonder about your legal options and how to hold the dog owner accountable for their actions. Nevada law allows a dog to be deemed vicious if it has a history of aggressive behavior or if substantial bodily harm results from an attack. These rules are designed to protect public safety and prevent similar incidents in the future.
Understanding Nevada’s dog bite laws is the first step toward seeking justice and recovering from your injuries. A successful dog bite claim can provide much-needed financial compensation for your recovery.
At THE702FIRM Injury Attorneys, we have a proven track record of helping people overcome these challenging situations, including securing a $275,000 settlement in a dog bite case for a client. This article provides a detailed guide to Nevada’s rules and how they apply to your case.
Why You Need an Experienced Dog Bite Attorney from THE702FIRM for Your Nevada Dog Bite Claim
When you’re the victim of a dog attack, dealing with the aftermath can be overwhelming. From managing a personal injury to the stress of an injury claim, you have enough on your plate. Our legal team at THE702FIRM Injury Attorneys understands the dog bite laws of Nevada. We can assist you in holding the dog owner accountable for the harm they caused.
An experienced dog bite attorney from our firm will work to build a strong dog bite case, gather the necessary evidence, and negotiate with the insurance company on your behalf. We are committed to helping you seek maximum compensation for your dog bite injuries and can provide the legal representation needed to ensure a successful outcome.
The “One-Bite Rule” in Nevada: Understanding the Bite Laws
Unlike some states that have strict liability for dog bites, Nevada follows a more traditional approach known as the “one-bite rule.” This rule is a core part of the state’s bite laws. The “one-bite rule” means that to hold an owner liable for injuries caused by their dog, a victim must prove that the owner knew or should have known that their dog had a history of being dangerous or aggressive.
This “free bite” concept does not mean a dog gets a pass for its first attack. Instead, it places the burden of proof on the dog bite victim to show that the owner had some kind of notice. This notice is also known as actual notice or constructive notice.
For example, if a dog had previously behaved menacingly toward a human being, or if the dog had bitten someone on a separate occasion, the owner would have notice. The same applies if the owner knew the dog had an aggressive behavior problem. If a dog had bitten someone on two separate occasions, it would likely be considered a vicious dog, and the owner would have known.
Strict Liability vs. Proving Negligence in a Nevada Dog Bite Case
Nevada is not a strict liability state for most dog bites. This means that for a typical bite case, you can’t simply file a personal injury lawsuit and expect to win just because you were bitten. The legal system in Nevada requires a higher level of proof. You have to demonstrate the dog owner’s liability by showing that they were negligent.
Negligence is the failure to exercise the care that a reasonable person would exercise in a similar situation. In the context of a dog bite case, this can mean many things. For example, a dog owner might be considered negligent if they allowed their dog to roam off-leash in an area where it was required to be on a leash. Or, if the owner had a broken fence that allowed their dog to escape the owner’s property, they might be considered negligent.
While Nevada dog bite laws do not enforce strict liability in all cases, a dog bite victim can still make a strong case. By demonstrating the owner’s failure to take proper precautions, you can show they were negligent and that the injuries caused by their dog were a direct result of that negligence. This is the foundation of almost every dog bite claim in the state.
What Nevada Law Says About “Dangerous” and “Vicious” Dogs
According to NRS 202.500, a dog can be labeled as dangerous if it’s used in a crime by its owner or, if unprovoked, it has acted menacingly toward a person on two separate occasions within 18 months. This applies when the dog is off its owner’s property or not in a secure space, such as a cage or vehicle. Provoked means the dog was tormented or caused pain.
A dog is considered vicious if, without provocation, it kills or causes significant harm to a person. It’s also regarded as vicious if it continues its dangerous behavior after a law enforcement agency has already declared it a dangerous dog.
It’s essential to note that a dog cannot be declared dangerous or vicious solely based on its breed. Also, a dog is not considered hazardous or vicious for acting defensively against someone committing a crime or someone who provoked it.
An owner who knowingly keeps or transfers a vicious dog is committing a misdemeanor. If a known vicious dog attacks someone and causes serious injury, the owner is guilty of a felony and can be ordered to have the dog humanely euthanized.
The law also states that local governments are prohibited from passing laws that declare a dog dangerous or vicious solely based on its breed. This law does not apply to dogs used by law enforcement officers while they are on duty.
Proving a Dog Owner’s Negligence: Building a Strong Dog Bite Case
To prove a dog owner’s liability, you need to show they were negligent. Here’s what that can look like in a dog bite case:
- Failure to use leash laws: Many cities and counties, including Las Vegas and Clark County, have leash laws that require dogs to be on a leash when not on the owner’s property. If a dog was off-leash when the attack occurred, this could be a clear example of negligence per se.
- Lack of Control: The dog owner failed to control their aggressive dog, even when it was on a leash.
- Ignoring a history of aggression: The owner knew their dog was dangerous, but did nothing to prevent it from biting someone.
- Poorly maintained property: The owner’s property had a broken fence or gate that allowed the dog to escape and bite someone.
A personal injury attorney will help you gather evidence such as medical records, witness statements, and police or animal control reports. This evidence helps prove the dog owner’s liability and builds your injury claim.
What to Do After a Dog Bite? A Step-by-Step Guide for Every Victim
If you or a loved one has been bitten by a dog, it’s important to act promptly to protect yourself and your legal rights. Here are the steps to follow:
- Seek Medical Care: Your health is your top priority. Get checked immediately, even if the bite seems minor. Dog bites can cause serious infections and, in rare cases, even rabies. Your medical records will also be crucial for your legal case.
- Identify the Dog and Owner: If possible, identify the dog and get the owner’s contact information. Do not attempt to capture the dog yourself, as it may be an aggressive animal.
- Document the Scene: Take photos and videos of the bite wound, the location where the bite happened, and any warning signs or lack thereof. Note the time and date the attack occurred.
- Contact Local Authorities: Report the incident to both the local police and the local animal control agency. These agencies will create official reports that can serve as valuable evidence in your dog bite claim.
- Talk to an Attorney: Before speaking with the dog owner’s insurance company, consult a personal injury attorney to receive professional legal advice.
Following these steps will help you preserve evidence and build a strong foundation for your personal injury lawsuit.
Common Dog Bite Injuries and Damages
Dog bites can result in a wide range of injuries, from minor scratches to life-altering wounds. Some of the most common injuries caused by a dog bite include:
- Puncture wounds
- Lacerations
- Nerve damage
- Severe scarring
When a dog bite inflicts substantial bodily harm, such as broken bones or permanent disfigurement, the damages can be significant. The Nevada dog owner can be held liable for these damages.
As a dog bite victim, you may be entitled to different types of damages to cover your losses, including:
- Medical Bills: This includes all costs related to your medical care, from emergency room visits to surgeries and physical therapy.
- Lost Wages: If your injuries prevent you from working, you can seek compensation for the income you have lost.
- Pain and Suffering: This compensates you for the physical pain and emotional distress caused by the bite.
- Financial Compensation: This can cover all of the above, as well as other related costs.
The Role of Insurance in Your Dog Bite Claim
In many cases, the compensation you receive will come from the dog owner’s homeowners or renters insurance policy. Most of these policies have insurance coverage that includes liability for injuries caused by the policyholder’s dog. This means you won’t be suing the owner directly for money, but rather making an injury claim against their insurance.
An experienced personal injury attorney will know how to deal with insurance companies and make sure your case is handled fairly. They can negotiate on your behalf to ensure you receive a fulfilling settlement for all your damages. If the dog owner does not have insurance, they can be held responsible for your medical bills and other losses directly.
Call THE702FIRM Injury Attorneys Today and Take Action After a Dog Bite in Nevada
Understanding Nevada’s dog bite laws is essential if you have been bitten. From the one-bite rule to the definition of a dangerous or vicious dog, the legal aspects can be challenging. Knowing the steps to take after an incident and how to prove a dog owner’s negligence is crucial for a successful outcome. An experienced personal injury attorney is your best resource to overcome these challenges and ensure you receive the compensation you deserve.
At THE702FIRM Injury Attorneys, we have the experience and knowledge to handle your dog bite case. We’re here to guide you through the process and fight for your rights, just as we have for our past clients.
“THE702FIRM handled my case with professionalism. Attorney Bradley Myers negotiated capably and obtained a larger-than-expected settlement, while Case Manager Rachel Cotichio never failed to keep me in the loop. The team at THE702FIRM took care of basically everything, so I could focus my time and energy on recovering. Thanks, all!”
— Ethan Starkweather
If you sustained dog bite injuries, call our dog bite lawyers at (702) 478-2266 or schedule a free consultation online to discuss your options and learn how we can help you seek justice.