What Are Your Rights After a Dog Bite Injury in Nevada?
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If you or a loved one has been bitten by a dog in Nevada, it’s important to understand your legal rights and the steps you can take to protect yourself. At WCTL, our attorneys have been helping dog bite victims for decades and understand the importance of holding negligent dog owners accountable. Our guide is designed to highlight your legal rights and provide you with clear steps to take after experiencing a dog bite.
What are Nevada’s Dog Bite Laws?
Nevada follows a “one-bite rule,” which means that dog owners may not be held strictly liable for the first bite if they had no prior knowledge of the dog’s aggressive behaviors. However, if the owner knew or should have known that their dog was likely to bite, they can be held liable for injuries caused by the dog. Although a bit tricky, it’s important to understand how this rule applies to your situation and what evidence is needed to prove the owner’s knowledge of the dog’s behavior.
Strict Liability vs. Negligence in Dog Bite Cases
In Nevada, a dog owner may be held liable under two legal theories: strict liability and negligence.
- Strict Liability: If a dog has previously shown aggressive behavior, and the owner was aware of it, they may be strictly liable for any subsequent bites. This means the injured party does not need to prove that the owner was negligent; they only need to prove that the dog bit them and caused harm.
- Negligence: Even if a dog has never bitten anyone before, the owner can still be held liable if they were negligent in controlling the dog. For example, if the owner failed to properly restrain the dog, allowing it to roam freely, and the dog then bit someone, the owner could be held liable for negligence.
What to Do Immediately After a Dog Bite
After a dog bite injury, you need to take specific steps to protect your health and your legal rights. Here’s what you should do:
- Seek Medical Attention: Your health should be your top priority. Even if the bite seems minor, go see a doctor immediately to prevent infection and document your injuries.
- Report the Incident: Contact local animal control or the police to report the dog bite. This creates an official record of the incident, which can be valuable if you decide to pursue legal action.
- Document Everything: Take photos of your injuries, the location of the incident, and the dog if possible. Collect contact information from the dog owner and any witnesses. Keep all medical records, bills, and correspondence related to the incident.
- Consult an Attorney: Dog bite laws can be complex, and navigating the legal process on your own can be overwhelming. A skilled personal injury attorney can help you understand your rights and guide you through the process of seeking compensation.
Compensation Available for Dog Bite Victims
Victims of dog bites in Nevada may be entitled to various forms of compensation, depending on the circumstances of the case. Some of the damages you may be able to recover include:
- Medical Expenses: This includes immediate medical treatment, surgeries, hospital stays, and any future medical care related to the injury, such as physical therapy or counseling.
- Lost Wages: If the injury prevents you from working, you may be entitled to compensation for lost income. This also includes wages lost due to time off work and any reduction in earning capacity if the injury leads to long-term disability.
- Pain and Suffering: Dog bite injuries can cause significant physical pain and emotional distress. Compensation for pain and suffering accounts for the impact of the injury on your quality of life.
- Property Damage: If the dog bite incident also resulted in damage to your property, such as torn clothing or broken personal items, you may be compensated for the cost of repairs or replacements.
- Punitive Damages: In cases where the dog owner’s conduct was particularly egregious, such as intentionally allowing a known dangerous dog to roam free, the court may award punitive damages to punish the owner and deter similar behavior in the future.
Filing a Dog Bite Claim in Nevada
To file a dog bite claim in Nevada, you will need to follow specific legal procedures. Here’s a general overview of the process:
1. Statute of Limitations
In Nevada, you have a limited time to file a personal injury claim after a dog bite. The statute of limitations for dog bite cases is typically two years from the date of the incident. Failing to file within this timeframe could result in losing your right to seek compensation.
2. Gathering Evidence
To build a strong case, you must gather evidence that proves the dog owner’s liability. This can include:
- Witness statements
- Medical records and bills
- Photographs of the injuries and the scene
- Animal control reports
- Any evidence of the dog’s prior aggressive behavior
3. Negotiating a Settlement
Most dog bite cases are settled out of court. Your attorney will negotiate with the dog owner’s insurance company and the owner’s attorney to reach a fair settlement.
4. Going to Trial
If a fair settlement cannot be reached, your case may go to trial. Your attorney will present evidence and argue your case in front of a judge or jury, who will then decide on the amount of compensation you should receive.
The Role of Comparative Negligence in Dog Bite Cases
Nevada follows a comparative negligence rule, which means that if the injured party is found to be partially at fault for the incident, their compensation may be reduced. For example, if you provoked the dog or ignored warnings from the owner, the court may find you partially responsible for the bite, reducing your compensation proportionally.
WCTL Will Protect Your Rights After a Dog Bite
Dog bite injuries can have lasting effects on your physical and emotional well-being. Knowing your rights and the legal options available to you is the foundation for obtaining the compensation you deserve. If you or a loved one has been bitten by a dog in Nevada, don’t hesitate to seek legal advice. Our attorneys can help you navigate the complexities of Nevada’s dog bite laws and fight for the compensation you deserve.
Contact us today by calling (213) 927-3700 or filling out our contact form to schedule a free consultation with our experienced, caring, and compassionate legal team.