A dog bite can be terrifying for anyone, but when it involves a child, the trauma is often magnified. In Nevada dog bite cases involving children, the legal implications for dog owners can be serious and costly. The dog bite victims or the children can be scarred mentally and physically for life in such cases.
Understanding how Nevada law handles dog bite injury claims, especially those involving children, is essential to protecting your rights and pursuing financial compensation for medical bills, pain, and emotional trauma.
This guide explains the legal standards of dog owner liability, the impact of Nevada dog bite laws, and what parents and guardians need to know if a child is bitten.
How Nevada Handles Dog Bite Cases
Nevada is not a “strict liability” state for all dog bite claims, unlike some other jurisdictions. Instead, the state applies a modified form of the one bite rule, which hinges on whether the dog owner knew or should have known about the dog’s aggressive behavior or viciousness.
What Is the One Bite Rule?
Under the one bite rule, a dog owner may not be automatically liable the first time their dog bites someone, unless:
- The dog’s behavior in the past showed signs of aggression.
- The dog owner knew or should have known the dog was likely to bite.
- The owner failed to take reasonable precautions to prevent the dog bite incident.
Once a dog bite occurs and the dog is officially labeled as a dangerous dog or vicious dog, Nevada imposes greater duties on the owner to prevent future bites. Regardless of the one bite rule, the children need immediate medical attention in case of a dog attack.
This is why most law firms you contact for free consultation will also provide guidance regarding the immediate medical treatment and steps to take.
Children and Dog Bite Injury: Unique Legal Considerations
Children are more likely than adults to suffer serious injury in a dog bite case. Their smaller size, lack of experience with animals, and natural curiosity put them at greater risk during any animal attack. Under Nevada dog bite laws, this fact plays a key role in assigning liability.
Therefore, a personal injury lawyer with experience in dog bite cases outlines the financial consequences of events if the animal inflicts substantial injury to the victim.
Courts Often Hold Dog Owners to Higher Standards
When a child is involved, courts may consider whether a reasonable person would have taken extra precautions to prevent an injury. This includes evaluating:
- Whether the dog was properly fenced or restrained.
- If the dog owner warned children or parents about the dog’s behavior.
- Whether the dog was properly socialized or received proper training.
Failing to take these steps may constitute the owner’s negligence, especially in Las Vegas neighborhoods where local leash laws and animal control regulations are in place.
Nevada Dog-Bite Cases Involving Children: Owner Liability Explained
A dog owner in Nevada can be held liable if they fail to:
- Leash their dog in public.
- Confine the dog on the owner’s property per local animal control laws.
- Warn guests, children, or parents of a potentially dangerous dog.
- Follow orders from a local animal control officer regarding containment or behavioral training.
Similarly, the situation might also vary if the dog bites a child on their property. However, those are small technical details that a dog bite lawyer can better guide with.
Types of Legal Theories Used In Nevada Dog Bite Cases
1. Traditional Negligence Rules
Under this theory, the injured child’s parent must prove:
- The dog owner owed a duty of care.
- The owner acted negligently in controlling or restraining the dog.
- The negligence caused the child’s injuries.
2. Violation of Local Laws
Failing to follow local leash laws, animal control regulations, or quarantine orders may be used as evidence of legal responsibility. In some cases, this can shift the burden to the owner to show they exercised reasonable care.
3. Strict Liability (In Limited Cases)
If the dog had been officially declared dangerous or vicious, the owner’s negligence is presumed under Nevada law. In those cases, the owner may be liable even without prior knowledge if they violated animal control restrictions.
What to Do After a Dog Bite Incident Involving a Child
Here’s what you need to know about what to do after a dog bite incident involving a child:
1. Seek Immediate Medical Treatment
A dog bite injury, even if it looks minor, can lead to infections, nerve damage, or scarring. For children, even a superficial bite requires immediate medical treatment.
Hospitals will document the injuries, and these medical records will serve as critical evidence in a personal injury lawsuit.
2. Report to Animal Control
Always file a report with local animal control. They can investigate the dog’s behavior, determine if it has bitten others, and issue public safety orders. This official report helps establish the circumstances surrounding the attack.
3. Document the Scene
Take photos of the injury, the dog, the location, and any witnesses. Keep clothing and objects damaged during the attack. Documentation is crucial in proving the dog owner’s negligence and establishing a timeline of events.
Who Pays for Damages?
In many cases, the dog owner’s homeowner’s insurance company or renter’s insurance may cover the costs of:
- Medical bills
- Lost wages (if a parent missed work to care for the child)
- Pain and suffering
- Scarring or disfigurement
- Future medical care or surgeries
- Emotional trauma
If Insurance Doesn’t Cover It
If there’s no applicable policy or the insurance company denies the claim, parents may pursue the dog owner personally for damages. In cases involving gross negligence, it may be possible to recover damages through civil court.
Statute of Limitations in Nevada Dog Bite Cases
Under Nevada statute, victims of dog bites have two years from the date of the dog bite incident to file a personal injury claim.
However, when the victim is a child, the statute may be tolled (paused) until the child reaches the age of 18, giving families more time to file.
Even so, it’s highly recommended to take action sooner while evidence is fresh, and the dog’s behavior and the owner’s conduct can be more easily investigated.
Challenges in Nevada Dog Bite Cases
Nevada dog bite cases involving children have special challenges that other cases might not have. Here are some of the most crucial ones:
1. Owner Denies Prior Knowledge
If the dog owner claims no prior knowledge of the dog’s aggressiveness, you must show either previous bites, threats, or violations of leash laws.
2. Free Bite Rule Interpretation
While Nevada doesn’t strictly follow a free bite rule, proving the dog’s viciousness or past aggression remains crucial unless the dog bite caused a substantial injury.
3. Comparative Fault Claims
Owners may argue that the child provoked the dog. However, courts often reject this defense when the child is too young to understand or act negligently.
Working with a Dog Bite Attorney
A seasoned dog bite attorney can:
- Investigate the dog’s history and the owner’s background.
- Work with animal control to obtain past reports or warnings.
- Assess the impact of local laws and ordinances.
- Handle negotiations with the insurance company.
- File a personal injury lawsuit and manage the legal process.
In severe cases involving scarring, trauma, or surgery, the expertise of a legal professional ensures your family receives the full compensation your child deserves.
Final Thoughts
If your child has been injured in a dog bite incident in Las Vegas or elsewhere in Nevada, the Bourassa Law Group is here to help.
Our experienced dog bite attorneys understand the emotional, medical, and financial toll a dog bite injury can cause a child and their family. You can get in touch with our dog bite lawyers and get started.
Contact BLG Today!
We hold dog owners accountable when they fail to exercise reasonable care, violate leash laws, or ignore warnings from animal control. We’re committed to helping you recover compensation through negotiation or court action.
Schedule a free consultation today. Let’s protect your child’s future and hold negligent owners responsible.
1-800-870-8910