Overview
 North Carolina has a dog bite statute that is actually worse for dog bite victims than anything dreamed up by English judges in the 17th and 18th centuries.
The owner of a dog in this state will be strictly liable for canine-inflicted injuries to a human being or to property if he intentionally,
knowingly, and willfully violates the state's prohibition against dogs running at large. Contained in sec. 67-12, the prohibition applies only if the dog is more than 6 months old and is running at large in the night, while unaccompanied by the owner or "some member of the owner's family, or some other person."
The good news about this part of the state's dog bite law is that it imposes a prohibition against some dogs running at large. The bad news, however, is that as a running at large prohibition, it is absurdly restrictive because it applies only at night, to dogs over a certain age, and creates a loophole as long as someone other than the victim is somewhere near the dog. The even worse news is that, as a dog bite statute, it raises the knowledge requirement to that which is required for an intentional tort. In almost all other states, the violation of a running at large law results in negligence per se liability, and permitting a dog to run at large can always be presented as being unreasonable and therefore negligent. Not so in North Carolina, however, because running at large does not result in liability unless the victim can prove that the owner permitted it intentionally,
knowingly, and willfully. This is more restrictive than the common law in that the common law permitted actions based upon negligence, including negligence per se. This law therefore protects the dog owner from his negligence because the violation of the running at large statute must be done with a state of mind that is associated with intentional torts, not negligence torts.
If the running at large prohibition is not violated, there can be strict liability if the dog has killed or inflicted
severe injury on a person, was previously declared to be a "potentially dangerous dog" because of its conduct, or was kept or used for dog fighting. A dog can be declared "potentially dangerous" if it has terrorized a person while it was off its owner's property, killed or inflicted severe injury on any domestic animal while the dog was off its owner's property, or inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or hospitalization.
The good news is the section of the statute that refers to dog fighting. The bad news is that the remainder of the statute again raises the bar against dog owner liability. Under the common law, a dog owner was held strictly liable if he knew that his dog had viciously inflicted any degree of injury upon a person, not just a "severe" injury, or if he knew that his dog approached a person in a vicious manner. Furthermore, knowledge of the dog's dangerous conduct was enough to warrant strict liability -- there did not have to be a prior declaration of dangerousness from the municipal authorities. By imposing extra conditions of liability that must be proved by victims, the North Carolina dog bite laws create a haven for irresponsible dog owners by shielding them from even the limited liability that the common law imposed on British citizens hundreds of years ago.
Dog bite statute
The North Carolina dog bite statute is spread over several laws, as follows:
§
67-12. Permitting dogs to run at large at night; penalty; liability
for damage.
No person shall allow his dog over six months old to run at large in the
nighttime unaccompanied by the owner or by some member of the owner's family,
or some other person by the owner's permission. Any person intentionally,
knowingly, and willfully violating this section shall be guilty of a Class
3 misdemeanor, and shall also be liable in damages to any person injured
or suffering loss to his property or chattels. (1919, c. 116, s. 5; C.S.,
s. 1680; 1993, c. 539, s. 534; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 67-4.4.
Strict liability.
The owner of a dangerous dog shall be strictly liable in civil damages
for any injuries or property damage the dog inflicts upon a person, his
property, or another animal. (1989 (Reg. Sess., 1990), c. 1023.)
§ 67-4.1.
Definitions and procedures.
(a) As used in this Article, unless the context clearly requires otherwise
and except as modified in subsection (b) of this section, the term:
(1) "Dangerous dog" means
a. A dog that:
1. Without provocation has killed or inflicted
severe injury on a person; or
2. Is determined by the person or Board designated
by the county or municipal authority responsible for animal control to
be potentially dangerous because the dog has engaged in one or more of
the behaviors listed in subdivision (2) of this subsection.
b. Any dog owned or harbored primarily or in part
for the purpose of dog fighting, or any dog trained for dog fighting.
(2) "Potentially dangerous dog" means a dog that
the person or Board designated by the county or municipal authority responsible
for animal control determines to have:
a. Inflicted a bite on a person that resulted in
broken bones or disfiguring lacerations or required cosmetic surgery or
hospitalization; or
b. Killed or inflicted severe injury upon a domestic
animal when not on the owner's real property; or
c. Approached a person when not on the owner's
property in a vicious or terrorizing manner in an apparent attitude of
attack.
(3) "Owner" means any person or legal entity that
has a possessory property right in a dog.
(4) "Owner's real property" means any real property
owned or leased by the owner of the dog, but does not include any public
right-of-way or a common area of a condominium, apartment complex, or townhouse
development.
(5) "Severe injury" means any physical injury that
results in broken bones or disfiguring lacerations or required cosmetic
surgery or hospitalization.
(b) The provisions of this Article do not apply to:
(1) A dog being used by a law enforcement officer
to carry out the law enforcement officer's official duties;
(2) A dog being used in a lawful hunt;
(3) A dog where the injury or damage inflicted
by the dog was sustained by a domestic animal while the dog was working
as a hunting dog, herding dog, or predator control dog on the property
of, or under the control of, its owner or keeper, and the damage or injury
was to a species or type of domestic animal appropriate to the work of
the dog; or
(4) A dog where the injury inflicted by the dog
was sustained by a person who, at the time of the injury, was committing
a willful trespass or other tort, was tormenting, abusing, or assaulting
the dog, had tormented, abused, or assaulted the dog, or was committing
or attempting to commit a crime.
(c) The county or municipal authority responsible for animal control shall
designate a person or a Board to be responsible for determining when a
dog is a "potentially dangerous dog" and shall designate a separate Board
to hear any appeal. The person or Board making the determination that a
dog is a "potentially dangerous dog" must notify the owner in writing,
giving the reasons for the determination, before the dog may be considered
potentially dangerous under this Article. The owner may appeal the determination
by filing written objections with the appellate Board within three days.
The appellate Board shall schedule a hearing within 10 days of the filing
of the objections. Any appeal from the final decision of such appellate
Board shall be taken to the superior court by filing notice of appeal and
a petition for review within 10 days of the final decision of the appellate
Board. Appeals from rulings of the appellate Board shall be heard
in the superior court division. The appeal shall be heard de novo
before a superior court judge sitting in the county in which the appellate
Board whose ruling is being appealed is located. (1989 (Reg. Sess., 1990),
c. 1023.)
In addition to these statutes, the case law of North Carolina provides the other causes of action mentioned above.
Litigation forms and other materials for attorneys
Just about all the documents a plaintiff's attorney will need, for less than the cost of typing them. Complaint, interrogatories, document production requests, admissions, witness list, petition for approval of minor's compromise (structured settlement), order approving minor's compromise, and Kenneth Phillips' 50-page deposition outline that covers every issue that can arise in a dog bite case. Save hours of work with the Dog
Bite Litigation Forms for Plaintiffs' Lawyers. Good throughout the USA. Available just one minute after you purchase them at the Dog Bite Law Bookstore. Download and use today.
|
Anatomy
of a Dog Bite Case is Mr. Phillips' 2-1/2 hour video seminar for plaintiffs' lawyers, containing tips and tricks, practice pointers and winning strategies that cannot be found anywhere else. A highly rated legal best-seller. Covers case selection, establishing liability, dealing with defenses, settlement and litigation throughout the USA. Arrives by mail in less than a week. |
|
