What happens to a dog after it bites someone in NC?

December 16, 2024

In North Carolina, the aftermath of a dog bite involves several legal and procedural steps, particularly concerning the dog involved in the incident. Here’s an overview of what typically happens to a dog after it bites someone in North Carolina.

1. Quarantine Requirements

Under North Carolina law, any dog that bites a person must be placed under a 10-day quarantine to observe for signs of rabies. This is crucial for public health and safety. The quarantine can occur in various locations, including:

- A licensed veterinary hospital

- An animal control facility

- The owner's property, provided the dog is kept in a secure enclosure

During this period, the dog will be monitored for any behavioral changes or symptoms indicative of rabies. If the dog shows no signs of rabies after 10 days, it will be released from quarantine. However, if the dog exhibits symptoms of rabies, it may be euthanized to prevent the disease's spread.

2. Investigation by Animal Control

Charlotte-Mecklenburg Animal Care & Control (AC&C) is responsible for investigating dog bite incidents. They will gather information about the circumstances surrounding the bite, including:

- The dog's history and behavior

- The owner's knowledge of the dog's tendencies

- Any previous incidents involving the dog

Animal control may classify the dog as "dangerous" or "potentially dangerous" based on its behavior and history. This classification can have implications for the owner regarding future liability and potential restrictions on keeping the dog.

Read: Charlotte NC dog bite prevention: Legal requirements for owners

3. Owner Liability

In North Carolina, dog owners are held to a strict liability standard when their dogs cause injuries. This means that owners can be held responsible for injuries caused by their dogs regardless of whether they were aware of their dog's aggressive behavior. However, defenses such as provocation or trespassing can affect liability.

One-Bite Rule

North Carolina also follows a version of the "one-bite rule." Under this rule, if a dog has never bitten anyone before and the owner had no prior knowledge that the dog was dangerous, they may not be held liable for injuries caused by that first bite. However, if there is a history of aggression or if the owner failed to take reasonable precautions after being aware of potential danger, they could face liability.

4. Legal Consequences for Owners

If a dog is deemed dangerous or if the owner violated local leash laws or other regulations, they may face legal consequences beyond civil liability for damages. Owners can be charged with misdemeanors if they knowingly allow their dogs to run at large or fail to restrain them adequately.

5. Reporting and Documentation

Victims of dog bites should report the incident to local authorities and document all relevant details. This includes:

- Medical records related to injuries sustained

- Photographs of injuries and the scene

- Witness statements

This documentation can be critical for any potential legal claims against the dog's owner.

Conclusion

After a dog bite someone in North Carolina, several procedures are set in motion to ensure public safety and determine liability. The mandatory quarantine period allows for monitoring for rabies, while investigations by animal control assess the dog's behavior and history. Understanding these processes is essential for both victims seeking compensation and owners facing potential legal repercussions. If you are involved in such an incident, consulting with an attorney experienced in animal law can provide valuable guidance throughout this process.

Read: Charlotte NC dog bite prevention: Legal requirements for owners