Dog Owner Liability in Nevada Dog Bite Cases
If you are the victim of a dog bite, you may have suffered serious and disfiguring injuries as a result of the attack. While most states have specific statutes governing dog bite cases, Nevada is one of the few that does not. Instead, Nevada victims of dog attacks sue under personal injury law, meaning that they must show that the dog’s owner was negligent in some way in order to recover damages for their losses. Victims must also file their lawsuit within the prescribed period of time.
Statute of Limitations for Dog Bite Cases
Like other personal injury cases in Nevada, those involving dog bites must be filed within two years of the date of the incident. This time period is governed by the statute of limitations for personal injury matters. If a victim waits and files their case even one day after that statutory period has ended, they may be forever barred from filing suit for their losses. This means it is vital for people to make sure they file their cases on time.
Negligence Standard and What the Plaintiff Must Prove
According to Harry v. Smith, 893 P.2d 372, 375, when a person suffers a dog bite injury in Nevada, the resulting case must proceed under a theory of negligence. This means that your Las Vegas injury attorneys will work to prove that the dog’s owner had a duty of reasonable care to prevent the attack, that they did not use reasonable care and breached their duty, that you were harmed as a result and that your losses were caused by the incident. Since Nevada applies comparative negligence in such cases, the dog’s owner is likely to claim that you were at least partly responsible for the accident. If you are found to be more than 50 percent at fault, you will not recover damages in your case.
Vicious and Dangerous Dogs
If the dog has a history of being a vicious dog, it will be easier for you to prove your case. A vicious dog is generally considered one that attacks without provocation. In Nevada, a dangerous dog is defined as one that has behaved in an aggressive manner at least twice in the past 18 months.
Recovering compensation for your losses when you have been bitten by a dog may be possible. You’ll need to make certain you file your case on time and understand that you will need to prove the owner’s negligence in order to recover damages.