dog bite case law nevada Archives

DOG BITE LAW NEVADA Before we get into the topic "dog bite law Nevada" there are few things I'd love to share with you. A dog bite is usually dangerous and may lead to numerous complications, aside rabies the victims might suffer severe injuries. And may go along to pose a significant threat to the community at large. With the famous saying that ‘’every dog deserves one bite,’’ one might be tempted to ask the position of law as regards dog bite. In this work, I will examine dog bite law in general with specific reference to the laws of Nevada. I will critically look at liability. In my research, I have come to realize that each state’s laws are basically the same with few material exceptions. The most basic similarity is the statute of limitations for dog bite; usually, lawsuits originating from a dog bite are usually filed in the state civil court system. The limitation or restriction for dog bite suites ranges from one to six years, which commences immediately after the infliction of injuries, but the normal limitation period is two or three years. Critical Examination of Dog Bite laws in Nevada Having searched extensively through the legion of laws in Nevada, I will state that there is no established law in the entire Nevada that clearly states when a dog owner is liable for the dog bite. The absence of established law guiding dog bite liability has created an avenue for such to be determined by common law. Under common law before a dog owner could be held liable the instant dog previous record of aggression has to be put into consideration, the rationale behind this is to cushion the effect of strict liability. In checking the previous dog record of aggression, the dog owner is usually held liable if the examination shows that the dog has previously bitten someone. The owner here should obviously have known that the dog has an aggressive tendency; the owner is at the peril of his dog violence. The procedural determination of dog bite liability starts off by checking if the dog owner chose to ignore or neglect the aggressiveness of the said dog by not taking precautionary measures that would have ordinarily curtailed the dog's aggressiveness, the dog owner is strictly liable here. The rule of 51 Percent Responsibility However, Nevada also obeys the rule of contingent liability in trying to establish negligence. The rule simply states that a court of competent jurisdiction must find the victim less than 51 percent responsible for his injuries. There are some actions of the victim, which the court will ordinarily interpret to mean 51 percent. In a situation where a court of competent jurisdiction finds the victim’s actions constituting 51 percent of the dog attack, he will be stripped of his ability to pursue damages or legal action. Following the statute of limitations, victims of dog bites, as a matter of necessity, must file their actions within Nevada’s two-year statute of limitations. The limitation period takes effect from the day the dog attacked the victim; when a victim misses this limitation period, he loses the legal rights to pursue damages or a lawsuit against the dog owner. Proving a Dog Bite Claim in Nevada When carefully examined across Nevada, dog attack liability shows that there are three vital elements that must be present in such a claim. That the dog was behaving dangerously, the owner caused the risk, and the owner failed to take action. The Dog was Behaving Dangerously The victim should be able to show that the dog owner was fully aware of the animal’s dangerous disposition. It must have acted weirdly, possibly exhibited behavior considered to be odd for that breed. The dog owner herein, who has observed the irregular or weird behavior of his dog but negligently failed to take action and prevent an attack, would be held liable for any weird action of the dog. Owner Caused Attack In a case where it can be clearly proved that the dog owner’s actions directly led the dog to attack, he or she would be liable for any damages caused by the dog. Though the burden of proof here could be tasking. Owner Failed to Take Action Ordinarily, it is normally presumed that dog owners must take full accountability for their pet’s actions. This includes but not limited to preventing or stopping his dog from attacking another person. He is also vicariously liable for his servant’s inability to cater for the dog. In a scenario where a dog owner fails to take up his responsibility and allows the attack to continue, he could be held liable if the dog bites another person. There are some certain signs that could give away the dog’s aggressive intentions. These signs include the dog: Sticking its tail up and wagging it stiffly Spreading its legs apart and throwing out its chest Making direct eye contact with the victim Making a low rumbling growl Perking up its ears Showing its front teeth A dog owner who noticed or failed to notice, and did not properly intervene when a dog displays these behaviors, he or she could be held liable for negligence. What Can I Do if I Have been injured by an Aggressive Dog? Inasmuch as the law is there, how does one take full advantage of it? And for the dog owner, ignorance of the law is not an excuse. There are no statutory provisions specifically for a dog bite in Nevada, but the victim is allowed protection through the common law principles guiding dog bite generally. The dog owner must have breached some of the principles stated above. Laches and acquiescence also work great disfavor on the victim, since legal rights have expiry date it also means that statute of limitation makes it impossible to bring up the action after some time has elapsed. A dog owner facing a lawsuit in Nevada’s court for dog bite typically has only two defenses: provocation and trespassing. These are available when he has proven that he did not err at all. Damages as regards dog bite in Nevada are usually assessed, putting into consideration some special circumstances which include but not limited to the injury sustained by the victim, number of days he missed work, medical expenses, and so on.

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