In Las Vegas, Nevada, understanding your legal rights in the event of a dog bite is crucial. Here’s what you need to know:
Rules on Dog Bites in Nevada
Nevada operates under the “one-bite rule,” meaning dog owners are generally not liable for the first bite. However, they can still face negligence claims based on the circumstances.
Liability for Future Bites:
After the first bite, if a dog is labeled “vicious,” the owner is more likely to be held responsible for subsequent bites.
Right to Compensation for Damages
Suppose someone is attacked by a dog in Nevada and sustains injuries such as infections, scars, or the need for plastic surgery. In that case, they might be entitled to compensation, mainly when dog bites result in severe medical conditions or significant physical harm.
Rights of Dog Bite Victims in Nevada include:
Categories of Liable Dog Owners: here are the categories of dogs or owners that can be held liable for dog bites.
Dog Bite Victims’ Rights:
If a dog or its owner fits into one of these categories, dog bite victims may have legal rights.
Types of Compensatory Damages:
Victims may be entitled to:
- Medical bills: covering the costs of medical treatment.
- Lost wages: compensating for income lost due to the dog bite.
- Pain and suffering: addressing the trauma and emotional distress caused by the bite.
- Punitive damages or wrongful death damages. It can apply when a dog kills someone, implying more sanctions.
Penalties for Owners of Vicious Dogs:
Furthermore, vicious dog owners face potential fines and jail time under Nevada’s criminal laws related to dog bites under NRS 202.500.
Despite the one-bite rule in Nevada, dog bites are considered negligence.
Negligence Rules:
Determining Dog Bite through Negligence:
Despite Nevada’s one-bite rule, owners might face liability if their behavior is deemed negligent. Negligence is established when an owner doesn’t take reasonable precautions based on circumstances.
Example of Negligence: Allowing a new dog with solid jaws to play unsupervised with a small child might be considered negligent. The fact that the dog had never bitten anyone before wouldn’t be relevant.
Negligence Determination by a Fact Finder:
Usually, whether an owner was negligent in dog bite cases is decided by a “fact finder,” either a jury during a trial or a judge. It involves evaluating the circumstances and evidence presented to determine if the owner acted negligently.
Liability under the “Per Se” Negligence Law:
An owner might be liable under the “per se” negligence law in specific circumstances. It means that, in certain situations, the law establishes the owner’s negligence without a detailed assessment of the circumstances.
Nevada’s Dog Bite Criminal Laws
Offense of Keeping a Dangerous Dog: In Nevada, keeping a dangerous dog is not an offense. But, once a dog has been designated as hazardous, there’s a higher risk of being labeled as “vicious.” The NRS 202.500 law states that maintaining, selling, or giving away a dangerous dog is an offense.
Definition of a “Dangerous Dog”:
NRS 202.500 law defines a “dangerous dog” as one that, unprovoked, on two separate occasions within 18 months, behaves to the extent a reasonable person would defend themselves from significant harm. It occurs when the dog is off the premises of its owner or caretaker or isn’t confined in a cage, pen, or vehicle.
A dog can also be designated “dangerous” if, per Nevada law or an Animal Regulation Officer, it poses a physical threat to humans or other animals. It can happen when the animal is used by its owner or caretaker to commit a crime, injure or kill another animal while loose, or display behavior that leads the Animal Regulation Officer to believe the animal threatens public safety.
How Much is a Dog Bite Claim Worth, and What Steps Should Be Taken to Hold the Dog Owner Accountable?
Value of a Dog Bite Claim:
The dog’s owner might try to settle with the victim to avoid a claim through their homeowner’s insurance. But, it’s essential to consult an experienced dog bite lawyer to determine the best route for fair compensation.
Accepting a settlement offer from the dog’s owner might resolve the case but also result in less compensation than the case’s actual worth. Factors to consider when determining the claim’s value include the severity of injuries, medical treatment, medical billing, lost income, temporary or permanent disability, and emotional distress.
Liability of the Dog’s Owner:
To recover compensation, the victim must prove the dog’s owner acted. It involves showing the owner didn’t take adequate precautions to prevent the injury and that this negligence resulted in injuries and damages, both economic and non-economic.
Nevada law doesn’t require the dog’s owner to be aware of the dog’s aggressive or dangerous nature for the victim to recover damages. But, proving the owner was aware of the dog’s destructive nature will strengthen the claim.
Timeframe to File a Claim:
The timeframe to file a claim against the dog’s owner in Nevada is approximately two years from when the injury occurred. The longer one waits to file a claim, the harder it becomes to gather essential evidence to support it, like witness testimonies.
In summary, having a specialized dog bite lawyer to assess the claim’s value and consider proposed settlement offers in Nevada is crucial. The rights of dog bite victims, the types of compensatory damages they might be entitled to, as well as potential penalties for owners of vicious dogs under Nevada’s criminal laws, should be considered.
Take Action Now: Defend Your Rights After a Dog Bite
If you or a loved one has been bitten by a dog in Las Vegas, Nevada, it’s crucial to understand your rights and the potential compensation available to you. Don’t settle for quick settlements or less than what you deserve. Consult a dog bite attorney at Pacific West Injury Law who will guide you through the legal process, ensuring you get the justice you’re entitled to. Time is of the essence! There’s a limited period to file a claim. Reach out to a legal expert today and secure your future. Act now!