Dogs are a welcome sight to most residents in Nevada, but this does not mean they are safe animals. These dogs can sometimes attack or bite, inflicting severe injuries upon the victim and posing a threat to the local community. After a dog bite, you may have several questions running through your mind. One of these questions would be whether the injuries inflicted by the dog bite or attack are compensable or not. This blog answers your question on whether or not you can receive compensation after a dog bite.

When to Sue a Dog Owner for Breaking Dog Bite Statutes and Recover Compensation

In some states, dog owners are responsible for paying compensation when their dogs attack someone else and inflict injuries. However, Nevada law does not have strict liability for domestic animal attacks or bites. This is to say that the state does not have established laws that clearly outline when a dog owner can be held liable for a dog bite for the victim to recover damages. This lack of clarification usually leaves the liability in a dog bite case to be established under common law.

Under common law, most dog bite/attack liability cases are determined by the dog's prior aggression history. If a dog bit a person previously, the dog owner is usually held responsible for any additional incidents. This happens because if a dog bit someone before, the dog owner should assume that the dog can behave violently or aggressively towards other people.

Responsibility in dog bite-related cases is generally established based on this factor. If the dog has an aggression history and its owner opts to overlook it or fails to take the necessary precautionary measures to prevent further attacks, the owner could be held responsible if they bite someone else. You can also recover dog bite damages if you can prove the dog owner acted negligently.

The Nevada One Bite Rule

In Nevada, a dog owner is not automatically responsible if their dog bites another person and has previously never attacked or bitten. But after the animal has attacked a person, even once, that dog is deemed either vicious or dangerous. The difference between vicious and dangerous is critical in obtaining compensation.  This is because the dog's categorization as vicious or dangerous establishes the owner's responsibility for any subsequent bites and potential criminal prosecution.

Nevada law defines a dangerous dog as a dog that has behaved threateningly towards people two times in eighteen months without any provocation by torment or pain when it is at large or off-leash. Keeping a dog that is considered dangerous is not necessarily unlawful in Las Vegas or Clark County. However, keepers and owners of these dogs should comply with municipal and state rules and regulations concerning them. These generally include but are not limited to:

  • Acquiring prior approval (in writing) from an Animal Control Officer before relocating or selling the animal or giving it away
  • Maintaining a liability insurance policy for the dog in a value of not lower than fifty thousand dollars.
  • Acquiring the dog a microchip
  • Neutering or spaying the animal
  • When the dog is not on the property, keeping it leashed and muzzled and under safe control
  • Enclosing the dog securely on their property and erecting conspicuous warning signage containing their telephone number and name
  • Acquiring a permit from the Animal Regulations Officer

Failure to adhere to these regulations could make the dog owner negligent per se if the dog bites someone else, making them responsible for damages.

Most counties and cities in Nevada require that dog bite victims and dog owners report dog-bite incidents to their Animal Control Officer or county or city Health Officer and provide all relevant info these officers request. Once you report, the dog will be isolated for ten days to ensure it is not diseased or rabid.

A vicious dog is a dog that either has caused death or substantial bodily injury to a person or has continued behaving menacingly after being categorized as dangerous. After a dog is designated as vicious, it becomes unlawful for the owner to continue petting it or to give it away. Seeking or keeping a dog that is deemed vicious could lead to the owner facing a suit for damages.

The Procedure for Obtaining Compensation After A Dog Bite

Most successful dog bite injury claims are settled out of court. But it is sometimes inevitable to file a suit in court or make a formal dog bite claim with the insurance provider. Whatever step you take before filing your lawsuit or claim is critical in winning your claim/lawsuit and recovering the maximum possible compensation or judgment. The most critical steps you should take include:

Document Your Injuries

To recover compensation after a dog bite, you must carefully document all your injuries. Documenting your injuries may include:

  • Taking photos of the injuries as quickly as possible
  • Informing and filing an official report with the Animal Control Officer or county or city Health Officer
  • Keeping a record of lost working time if you wish to recover damages for lost income

Most counties and cities legally require that all dog owners and the victims of dog bites report dog bite incidents, usually within forty-eight hours. Municipalities that have this mandatory reporting statute include (with no limitation) unincorporated communities in Clark County, Henderson, and Las Vegas. But even if your county or city does not lawfully require you to report, it is wise to file a report. This is true even when you cannot tell who the dog belongs to.

Seek Medical Attention

If a dog has bitten you, you should seek urgent medical attention to maximize your chances of receiving compensation. If you can access government programs like Medicare, Medicaid, SCHIP (Check Up) for children, or have private insurance, utilize it to obtain emergency assistance if you need any. For prolonged care, your injury attorney may recommend a physician experienced in treating and documenting dog bite injuries. If you are incapable of paying for a physician, your attorney can assist you in finding one willing to agree to a medical lien.

Find Out to Whom the Dog Belongs

If you do not know who the dog belongs to, your private investigator or local animal control officer might be capable of discovering the information. Lawyers often offer cost-free consultations, which can assist you in determining whether or not you have sufficient info to help find the dog owner.

Reach Out to the Dog Owner

The next stage towards recovering dog bite compensation is contacting the owner of the dog that attacked you. Whereas you may be tempted to do so yourself, particularly if you and the owner are friends, it is essential to consult a skilled dog bite attorney first.

Dog owners are very much attached to them and alleging that their dog bit you may upset them. Usually, the bitten person will find themselves trying to make the dog owner feel better, and this could lead to them uttering something that can jeopardize a lawsuit or claim. A dog bite lawyer can assist you in deciding whether or not and how you can approach the dog owner so you preserve your right to compensation for your injuries.

Filing a Claim With the Insurance Company

If the dog owner has purchased liability insurance covering dog bites, your next step will be to have an insurance adjuster allocated to the claim. The good thing here is that whenever insurance exists in a dog bite issue, you can often be sure money will be there to cover your claim. And the bad thing is an insurance adjuster is an expert when it comes to delaying payout or finding a way to decline the claim. You should talk to a lawyer who understands the adjuster's tricks to prepare a compelling case so you can settle out of court.

Proving Your Dog Bite Lawsuit/Claim for Compensation

We mentioned that you might receive compensation for being bitten by a dog. However, the compensation does not come automatically. You have to prove three primary elements to win your claim/lawsuit. These elements include:

The Dog was Behaving Dangerously

You have to prove the dog owner knew about the dog's dangerous temperament. The dog needs to have shown behaviors deemed unusual for that particular breed. A dog owner who knows that the animal is behaving dangerously or irregularly but fails to take any action to stop an attack may be held responsible for any injuries resulting from the attack.

The Dog Owner Caused the Bite

If the dog owner’s conduct made the dog attack you, they would be responsible for any injuries the dog caused.

The Dog Owner Did Not Take Any Action

A dog owner must take responsibility for their dog's actions, including stopping or preventing the dog from attacking someone else. If they fail to do so and let the attack go on, they could be responsible should the dog bite someone else. In dog bite cases, various signs may show a dog is aggressive. They are the dog:

  • Showing its front teeth
  • Making a low rumbling growl
  • Perking up its ears
  • Throwing out its chest and spreading its legs apart
  • Sticking its tail up and wagging it stiffly
  • Making direct eye contact with the victim

Dog Bite Compensation Due to Negligence

Despite the state's one bite rule, a dog owner may be required to pay compensation if they acted negligently. Negligence occurs where a dog owner does not take reasonable precautionary measures considering the circumstances. For instance, allowing a newly-acquired dog having powerful jaws to play or walk unsupervised with a child could be negligent. If the dog owner behaved negligently, it does not matter whether or not the dog has never attacked anyone before.

Whether a dog owner was negligent or not is usually a matter for the fact-finder (either the judge or jury) to decide. However, under given circumstances, the dog owner might be responsible under the state's negligence per se statute. Under this law, a dog owner is automatically deemed negligent if the dog bit another person while they (dog owner) were in violation of local or state animal control statutes. For example, dogs in Henderson and other unincorporated areas in Clark County have to be secured on the dog owner’s property by a cage, chain, coop, leash, fence, or any other sufficient means.

This means if the dog that bit you was off the leash roaming on a public sidewalk or street, the owner could be held responsible even if that dog has never attacked anyone before.

Damages You Can Recover After a Dog Attack in Las Vegas

If a dog has bitten you, you may be eligible for compensation. However, you might not have the information or tools you require to recover damages on your own. For instance, you might be entitled to compensation for your non-economic and economic damages. However,  you may not know how to find the cost of an intangible loss such as emotional trauma. You might need assistance calculating the compensation you are due with a lawyer’s help. Your lawyer may help you recover compensation for:

  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of use of a limb
  • Scarring
  • Future and current lost wages
  • Occupational or physical therapy
  • Medical expenses (including reconstructive surgery, if necessary)
  • Household services
  • Anxiety

If the animal was previously classified as vicious, the judge might even award you punitive damages per Nevada law.

You may also recover compensation under the state's negligent infliction of emotional distress law if you witnessed a vicious or dangerous dog brutally attacking your family member. And if your family member died due to a dog bite, you can file a wrongful death suit and recover funeral expenses and medical bills.

If you are a legal guardian or parent, you are entitled to enter into an out-of-court settlement if a dog has bitten your child. However, this kind of settlement is not legally binding except if and until it is approved by the district court in:

  • The child's county of residence, or
  • If the child does not live in Nevada, the county where the dog attack occurred

According to the United States Centers for Disease Control and Prevention, minors are more likely than grownups to obtain medical attention after a dog bite. The rate of injuries from a dog bite is higher in five to nine-year-old children. If a dog attacks your child, an attorney can help them receive the compensation and care they need.

Receiving a Judgment After a Dog Bite

Even if you prevail in your dog bite suit, you have to collect your compensation from the dog owner. If they have an insurance policy, you should not have any problems receiving compensation. But if you are obtaining the compensation from the owner personally, you may have to locate and execute judgment on their assets. Prevalent ways to do this include, but are not limited to:

  • Entering into an out-of-court settlement containing a legally executable payment plan
  • Attaching the dog owner bank account
  • Placing a lien on the property of the dog owner
  • Garnishing the wages of the dog owner

It is against Nevada law for any dog owner to dispose of assets to evade judgment after a person has threatened to take legal action against them. Locating property before suing is ideal as it helps ensure the dog's owner can satisfy a judgment and will not illegally dispose of them.

Other Factors That Will Determine Whether or Not You Will Recover Compensation After a Dog Bite

Apart from having to prove negligence or the other elements we mentioned above, other aspects will determine whether or not you will receive compensation:

Nevada’s Comparative Negligence Rule

Nevada applies the comparative liability rule when establishing liability. The rule says that you have to be less than 51% liable for your injury or injuries to recover damages. If the judge finds that your conduct was more than 51% responsible for making the dog attack, you will not be capable of pursuing legal action and recovering compensation.

The Statute of Limitations

Under personal injury law, a statute of limitations is a law that sets the period within which a victim must file a personal injury claim or lawsuit. You have to file your dog bite claim or lawsuit within the statute of limitations to receive compensation. The statute of limitations for Nevada dog bite claims is two years. The deadline starts on the date the dog bit you. Should you miss the deadline, you will not be capable of pursuing a lawsuit or damages against the liable party (dog owner).

Find a Personal Injury Attorney Near Me

At Las Vegas Personal Injury Attorney Law Firm, our approach to dog bite cases differs from other firms. We prepare cases thoroughly since we always seek a fair resolution for the victim. We review all the details of your case to establish if you have the right to take legal action and the kinds of damages to pursue. With an extensive track record of high-value jury awards and settlements, you can rest assured you are represented by a lawyer who cares about you, your family, and your legal rights. If you have been severely hurt after a dog bite in Las Vegas, Nevada, contact us at 702-996-1224 for a consultation right away.