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Question: I was recently bitten by my neighbor’s dog, and I had to go to the emergency room for stitches. I’ve known the dog, and his owner, for many years. While I’ve seen him growl and act aggressively, I’m not sure he’s ever bitten anyone before. Because of this, I don’t necessarily want to get the police involved, but I have medical bills that need to get paid. How can I go about this in a way that won’t endanger the dog or cause problems with my neighbor?
Answer: We see cases like this often, and unfortunately, they can be complicated to pursue and emotionally distressing.
You’re absolutely entitled to compensation for your medical bills, as well as any future medical bills that result from the bite (including, among other treatments, physical therapy or cosmetic surgery for scarring). It’s also likely that you’ll be able to receive compensation for lost wages, if applicable, and pain and suffering, because animal attacks can be very traumatic.
There are a few ways to go about dog-bite cases, but often, they are settled through the dog owner’s home or renter’s insurance. However, to receive an insurance settlement, the owner must be found liable for the bite. In Nevada, it can be especially complex because of varying owner liability laws.
Nevada is one of 15 states that follows the “one bite rule,” which means that, for the owner to be held liable, he or she must have prior knowledge that the dog has bitten or acted aggressively before. Depending on the circumstance, this can be difficult to prove, though it’s not impossible.
Most dogs that bite suddenly are poorly trained and often have a history of aggressive behavior, which works to your advantage. Even if the dog that bit you falls into the “first-bite” category, the owner may still be liable considering the dog’s past behavior of growling, acting erratically, etc. You will need to be able to prove that the owner was aware of this behavior, though.
Meeting this burden of proof is important when filing an insurance claim, so it’s important that you contact an attorney before making the claim, to ensure you have enough evidence.
Note: If you can’t prove the owner’s liability or your claim is rejected for any other reason, you may still have a case for negligence. This should be considered a last-resort option, but it’s an option nonetheless.
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