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When another animal attacks your pet

It seems that every neighborhood has a place that people cautiously pass because it is home to a dog with a vicious reputation. What if you were walking your dog there and both of you were injured when the dog escaped its yard and attacked?

There are a great variety of state, county and municipality laws involving dogs and other animals, so
Here are some Char-Meck area specifics to keep in mind regarding pet injury from another animal.

A Matter Of Strict Liability

There are two different types of liability in animal attack cases, one in which necessitates proving negligence of the owner that leads to the attack, and the second being strict liability. North Carolina is a strict liability state. This means that no matter what the situation, owners of animals are liable for the actions of their pets.

A Difference Of Classification

An essential commonality of all laws regarding pets is that they consider a dog as property, not as a member of the family. For example, a lawsuit regarding a pet’s wrongful injury or death gets classified as a property damage case, but if both you and your dog got injured during an attack by another canine, your case would be classified as a personal injury lawsuit.

Applicable Damages

If your pet gets injured by another dog, the dog’s owner can be held responsible for:

  • All veterinary costs
  • Ongoing expenses related to the animal’s injury
  • The cost of replacement if your pet dies from the attack injuries

There is a possibility of a higher reimbursement level for the injury or death of your pet if they were also a breeding, hunting, service or show animal or had specialized training.

Is The Dog Dangerous?

When bringing a case to court, it is important to show that the dog has a “dangerous” designation through:

  • Hurting or killing another animal or human unprovoked
  • Has a dog fighting background
  • A designation as a dangerous animal by an animal control board

A person in the Charlotte area that owns a designated dangerous animal yet does not take measures to protect others as required by law faces criminal charges. A personal injury firm that has experience litigating animal injury cases is a recommended resource to consult if your pet is injured or killed by another animal.

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