Legal Question in Personal Injury in North Carolina

Re: owner responsibility for injury caused by animal

As a general matter, that person could sue the dog owner in "tort." In order to recover, he would have to show "liability." The general test/rule in NC has been stated as follows, "A person injured by a domestic animal, in order to recover damages, must show two essential facts: (1) The animal inflicting the injury must be dangerous, vicious, mischievous or ferocious, or one termed in the law as possessing a vicious propensity. (2) The owner must have actual or constructive knowledge of the vicious propensity, character and habits of the animal." Therefore, as a general rule, if the dog was previously "safe" and had not bitten anyone, then there would be no liability. If, however, there were liability, then you would be responsible for medical expenses, lost earnings, and pain and suffering (for which there is no fixed formula). In some cases, the person who is bitten may also be "negligent," in which case he/she cannot recover. If you have homeowner's insurance, that might cover your liability, as well as providing some "med pay" for the other person.