Suing for a Dog Bite
in Las Vegas, Nevada
Dog bite injuries and liability
In our experience, most susceptible to dog bite injuries are people who walk into houses for a living - estate salespeople, realtors, and home repair contractors. The dog "thinks" that the person who walked in unexpectedly is an intruder and attacks to protect the home. Even house sitters occasionally get attacked by dogs.
Dog bite law and negligence
Nevada does not have any specific statutes governing dog bite cases. Because there is no specific dog bite statute in Nevada, a dog bite victim seeking damages from a dog's owner must rely on traditional negligence rules.
What is negligence? Someone is negligent if and when they fail to use reasonable care under the circumstances. Essentially, being negligent is being careless or disregarding other people's safety.
A dog owner is negligent if their dog bites a human, and the owner failed to take reasonable steps to protect humans from being bitten. For example, letting a dog roam on a public street or sidewalk without a leash is negligence.
Establishing fault in dog bite cases
Once the attorneys establish that the dog's owner acted negligently, a dog bite victim must demonstrate that the owner's negligence contributed to the bite and that the injuries and damages sustained resulted from that bite. The attorneys establish fault by providing proof in the form of testimony from eyewitnesses, photographs, video, admissions by the defendant, medical records, and physical evidence.
Big dog, small dog
The big dogs (Pit Bull, German Shepard, Rottweiler) can cause the deepest and most serious wounds, but don't be fooled - a bite by a small cute dog may also be very dangerous.
What is the "One Bite Rule"?
In general, the "One Bite Rule" gives dogs and their owner's first bite for free. The rule states that a dog's owner is only responsible for injuries the dog causes if the owner knew the dog was likely to cause that kind of injury. To be held accountable, the dog's owner must have known that the dog has bitten someone before. Consequently, in states with a "One Bite Rule," dogs and their owners are not responsible for the first bite, only subsequent bites.
Nevada does not have a "One Bite Rule."
What happens if a child is teasing the dog and the dog bites?
In defense of a dog bite case, the dog's owner may assert that the dog was provoked, teased, or harassed. This defense is very fact-specific, and the dog's owner must show that the human who was provoking the dog knew or should have known provocation at that level would result in the dog bite.
Unless the provocation is apparent, the dog owner may still be on the hook for the injury. It is especially true in cases involving young children. As a community, we must protect children. We assume that young children do not fully comprehend the complexity of this world, and therefore we must take steps to protect them from dangerous conditions, such as a ferocious dog.
If you are partially at fault
Nevada uses the rule of modified comparative negligence. Modified comparative negligence states that an injured plaintiff can collect compensation from other at-fault parties if the plaintiff was less than 50 percent responsible for the accident or incident that led to the injuries.
When more than one dog and more than one owner involved
When a pack of dogs attacks, each dog and their respective owners are responsible for the injury their dog inflicted or contributed. If the damages cannot be proportioned, the court will hold each owner responsible in full until the debt is paid.
Dog bite personal injury claim and homeowners insurance
Homeowners' policies provide coverage for liability resulting from the policy holder’s negligence. Thus, most homeowners’ insurance policies cover dog bite claims.
What is the average settlement for a dog bite?
Average settlements for dog bites depend on the amount of injury, how much medical treatment is necessary, and the policy limit of the insurance coverage. If the victim incurred high hospital bills or permanent scarring, the settlement could be tens of thousands of dollars or more.
Are dog owners liable?
Yes. If a dog has bitten you, you may sue the owner/caretaker of the dog. If the dog's owner has insurance, the insurance company should pay the claim.
Renter insurance or condominium insurance
If the dog owner has renter insurance or condo insurance, you can file a claim against that insurance.
Landlord liability for dog bite
If the dog owner has landlord insurance, you can file a claim against that landlord's insurance.
Dog bite facts
According to the Center for Disease Control and Prevention, approximately 4.5 million dog bites occur each year in the United States. Of those 4.5 million dog bites, nearly 1 million become infected.
Dog bite personal injury claim
To file a dog bite claim, the dog bite attorney needs the following information:
- Location of the dog bite attack
- Pictures of the wound
- Dog owners name and contact information
How dog bite attorney can help
Each case is unique, and the circumstances surrounding each dog bite accident are also very different. Without knowing the details of your case, it is hard to give any practical recommendations. In general, if a dog bites you, you have a legal claim for money damages against the owner of the dog.
To speak to a dog bite attorney directly, call us at 702-432-1000. We successfully settled numerous dog bite cases.
Most of our clients live in Las Vegas, Henderson, North Las Vegas, Summerlin, and surrounding areas of Nevada. We also represent tourists on vacation in Las Vegas.
The attorneys at Heshmati & Associates take all personal injury cases, including dog bites, on a contingency fee basis, which means - the firm charges nothing unless we obtain you the compensation for damages.
If you are the victim of a dog bite in Las Vegas, seek medical attention, and contact our office at 702-432-1000 to start your claim against the owner and their home owner’s insurance policy.
Last updated on January 31, 2024.
