Imagine walking into your favorite café when suddenly a service dog lunges and bites a customer nearby. The shock is immediate, the pain real, and questions about liability follow just as fast. Who is responsible? What if the dog was normally well-behaved? Nevada law has clear answers and serious implications for businesses.
This guide walks you through the legal process surrounding service-dog bite liability for businesses in Nevada, breaking down state-specific laws, personal injury claims, and what victims and owners need to know. For specific advice catered to your case, consult a dog bite attorney immediately.
Understanding Dog Bite Laws in Nevada
Nevada follows traditional negligence rules in most dog bite cases, meaning victims typically must prove the dog owner’s negligence to recover damages. However, when a dangerous dog or vicious dog inflicts harm, strict liability laws can apply. That means the dog owner can be held liable even if the dog had never bitten before or shown prior aggressive behavior.
- One bite rule: The one bite rule means a court may not hold a dog owner liable for the first bite if the owner had no prior knowledge of the dog’s aggression. Under Nevada dog bite laws, courts often assess the dog owner’s knowledge, behavior history, and negligence to determine legal responsibility, even without a prior incident.
- Under NRS 202.500, Authorities can classify a dog as dangerous if it behaves menacingly without provocation on two separate occasions within 18 months while off its property or not properly confined, or if someone uses the dog to commit a crime. A dog earns a vicious classification if it seriously injures, substantially injures, or kills a person without provocation, or if it continues dangerous behavior after authorities have already declared it dangerous.
Courts may still hold businesses liable for dog bites on their premises if the businesses fail to take reasonable steps to prevent foreseeable harm, even when the dog is a service animal. Hosting a service animal does not automatically eliminate a business’s duty of care to patrons.
Are Businesses Liable for Service Dog Bites?
The answer depends on the reasonable care taken by the business. A court may hold a business liable for on-site dog bite injuries if the business knew or should have known that the person’s dog posed a threat.
- The Americans with Disabilities Act (ADA) protects individuals who use service animals, but it does not allow a service animal to remain in a business if it acts aggressively or poses a direct threat. If the handler fails to control the dog or it behaves dangerously, the business may ask for the dog’s removal while still accommodating the individual.
- Businesses have a right to ask if the dog is a service animal and what task it performs. However, they cannot demand proof.
- If a service dog displays aggressive behavior, the business can ask the handler to remove the dog from the premises, even if it is a trained service animal.
A business may share legal responsibility with the pet owner if the bite occurred after staff observed the dog’s aggression and failed to act.
Victims of Service-Dog Bites: What You Need to Do
If you were bitten by a service animal, you have the right to pursue legal recourse under Nevada law. The steps you take immediately after the incident can influence the success of your personal injury lawsuit.
- Seek medical attention and document all physical injuries.
- Keep track of your medical records, medical bills, and any lost wages.
- Report the incident to the local animal control officer.
Nevada courts consider how a reasonable person would act under similar circumstances. If the business or dog owner knew about the dog’s violent tendencies and failed to act, they may be held liable.
Legal Standards and the Role of Negligence
While strict liability applies in some dog bite cases, most personal injury claims still require proof of negligence. That means showing that the dog owner or the business failed to act with reasonable care.
Examples include:
- Allowing a dangerous animal on the premises despite past incidents
- Ignoring complaints or signs of aggressive behavior
- Not maintaining a secure environment, such as a broken fence around the area where the dog was kept
An injured person can also argue emotional distress, especially if the dog bite injuries required extensive medical treatment.
Understanding Compensation: What Can Victims Recover?
Dog bite victims may seek compensation for a range of damages. Nevada law allows claims for both economic and non-economic losses.
Depending on the facts of your case, you may recover:
- Medical expenses and ongoing medical care
- Lost wages due to inability to work
- Physical pain and emotional distress
- Legal assistance during the legal process
Factors like the severity of injuries, the dog owner’s negligence, and the involvement of the insurance company can influence the settlement or trial outcome.
Defenses Businesses and Dog Owners May Use
It’s common for dog owners or businesses to defend themselves by claiming the bite occurred because the victim provoked the animal or ignored posted warnings.
Other defenses include:
- The injured person trespassed on private property
- The animal acted to defend its owner from a threat
- The bite resulted from the victim’s own careless behavior
However, these defenses rarely apply in situations involving service dogs in public spaces. Like restaurants or offices, where the pet owner is expected to maintain control at all times.
The Importance of Legal Action
Even in cases involving service dogs, dog bite injuries can lead to life-altering consequences. When a dog causes substantial injury, especially on public or business property, the victim has the right to pursue legal action under Nevada dog bite laws. Even if the attack happens on the owner’s property or somewhere the owner brought the dog, the owner may still be liable if they failed to control the animal or broke local leash laws.
Victims should contact a qualified Nevada dog bite attorney who understands state laws and can navigate the legal process. A skilled lawyer will assess the owner’s liability, particularly if the dog had shown prior aggression or the owner failed to prevent foreseeable harm. Courts may hold owners strictly liable when the dog posed a known risk.
Nevada law empowers injured parties to begin seeking compensation immediately. Whether you’re facing medical bills, lost wages, or emotional trauma, you have the right to pursue justice. You don’t have to handle this alone. With legal representation from a seasoned personal injury attorney, you can assert your rights and pursue fair compensation with confidence.
Know Your Rights, Protect Your Business, or Claim
Nevada businesses that allow service animals on-site must take precautions. Failing to act on warning signs or ignoring a dog’s viciousness can lead to liability for severe injuries caused by animal attacks.
If you’ve been harmed or you operate a business in Las Vegas or elsewhere in Nevada, stay informed about dog bite laws, uphold your responsibilities, and know that victims can seek justice. Let the Bourassa Law Group guide you through your personal injury case, We are here to help you understand your rights, handle the legal process, and secure the compensation you are entitled to.
Contact us today for a free consultation.
1-800-870-8910