Can a Greensboro criminal defense attorney explain if I can be held responsible for my dog biting someone?
Yes, we can! So, you were walking down the street with your little dachshund dog, Peanut, and a small child runs from their parent to immediately pet your dog without asking first for permission. Peanut, being startled because the child ran from behind, turns quickly and snaps at the child, drawing blood on the child’s hand. The parent is clearly upset and says you’re responsible. Will the Court say you’re responsible? Well, it depends. If you’ve been involved in a dog bite incident, you should speak with a Greensboro criminal defense attorney about your options.
Dog bite law in North Carolina says that the owner of the dog can be held strictly liable for dog bites committed by a dog that is considered dangerous. So, what is dangerous? The law says that a dog can be dangerous if, without provocation, it has killed or seriously injured someone. It also says that a dog can be considered dangerous if it is potentially dangerous, meaning it has showed some kind of aggression in the past. For example, if the dog has bitten someone before the dog would be considered potentially dangerous. So, two things that would probably be argued is whether the dog was provoked, and whether the dog has been aggressive in the past. In our example before, Peanut’s owner would not be held liable if Peanut has never shown this type of aggression before. One could argue that Peanut was not provoked by the child, and while it would ultimately be up to the Court to decide, Peanut was startled by the child running quickly from behind and trying to touch her. It’s up for the Court to decide if this constitutes provocation. Regardless, now that Peanut has shown aggression, the owner has been put on notice and the next time something like this happens, Peanut is automatically considered a potentially dangerous dog and the owner is put at risk for litigation. For more information on dog bite laws, you should consult a Greensboro criminal defense attorney.
You should speak with a Greensboro criminal defense attorney if you think you may be responsible for your dog biting someone. The criminal defense attorneys at Garrett, Walker, Aycoth, and Olson know the requirements of the law and genuinely care about each case presented to them. Call today at 336-379-0539; we are here to help!