A Guide to Dog Bite Laws in Nevada

Dog Bite Liability Laws in Nevada

A dog owner in Nevada is considered strictly liable for any injury or damage caused by the dog, unless the dog was on a leash or otherwise restrained. This is known as the "one bite rule." When a pet has a history of previous dangerous behavior, like biting a person or animal, the owner should know there’s a risk of that behavior repeating. The one bite rule does not provide any exemption to this.
Nevada Revised Statutes section 467 . 214 gives victims several paths to sue an owner of a dog who injures them. If the dog was not on a leash or properly restrained when the incident occurred, the dog’s owner is strictly liable for damages – no proof of fault is required. However, the leash or restraint does not have to be physical. If the dog teases on people or animals, but its owner does not use a proper means to restrain the emotional excitement, it may be held strictly liable for any injuries caused.

What to Do After a Dog Bite in Nevada

Before we look at the laws governing dog bite incidents in Nevada, we will take a brief look at the steps that people should take immediately after being bitten by a dog. In any other case where you have been injured and required medical assistance, even in a minor capacity, seeking medical care is a priority. Failure to do so can worsen the injuries you face, but there are also other reasons why you should always or as quickly as possible, seek medical treatment after a dog bite.
In typical circumstances of minor injuries, you may not realize you need medical attention for a while after being bitten. Many people brush off the injury and treat it at home, even though this can be dangerous. There are several reasons that you need to seek care as soon as possible, and we will discuss the important ones here.
The risk of rabies infection is also present. This is one of those diseases that rely on outside symptoms to be seen, but by the time it is detected, it may be too late. Receiving the special vaccination regime as soon as possible, or within two weeks of receiving the animal bite that transmits rabies, is crucial in order to prevent infection. It is important to note that the first vaccination is administered via injection in the muscle, rather than under the skin like some vaccinations. There are also other medical needs to consider when treating animal bites, so your doctor will likely examine and treat the wound appropriately, including giving you a cat or dog-specific tetanus booster vaccine.
Immediate medical care is not the only reason to report a dog bite to the authorities as soon as it takes place. If you report the incident promptly, unnecessary delays and miscommunication can be avoided. Believe it or not, many injuries are reported to authorities and recorded wrong, which can lead to inconsistent statements later if a legal dispute arises. You can avoid issues such as these by reporting with the relevant legal authority immediately after the incident.
Like with other medical experiences, there is a documented paper trail that follows any examination and treatment received as a result of a dog bite. This information is gathered to support your claim and is very important to obtain because it will be used as supporting evidence for your case when you pursue damages.
The time frames to watch out for when taking these steps and receiving treatment are short and strict. Make sure you a) take care of your injuries b) receive the proper documentation of events ASAP so that you are prepared for legal proceedings when it comes time to argue for compensation. Taking too long could result in the complication of the case and actually become a valid reason for dismissing the charges or at least reducing the amount of damages that can be received.

How to File a Dog Bite Claim

After a dog bite incident, the first step is to document what has happened. This means taking down the names and contact information of the dog’s owner as well as any witnesses to the attack. If you receive medical treatment, get a copy of your medical records and keep all of the documentation related to the incident and the resulting injuries. In Nevada, if you want to file a dog bite claim against the owner of a dog that injured you, you must do so within six years of the date of the attack. Nevada has a "one bite" law which assigns strict liability to dog owners if their dog has a history of aggressive or attacking behavior and they failed to take steps to keep their pet away from a victim. For example, if your neighbor’s dog has bitten people in the past and they didn’t get his a muzzle, they may be liable for damages. If animal control has cited the dog owner for having a dangerous dog, your case will likely be easier to prove. However, timely filing of each step in the process is very important. Your lawyer can evaluate whether your case is worth pursuing. If you have a valid case, then your attorney will work to determine the full amount of damages owed to you and negotiate with the dog owner’s insurance company for fair compensation. In most cases, this means reaching a settlement agreement outside of the courtroom. However, if there is a dispute about liability and the settlement amount, a formal court lawsuit may be necessary. Your attorney will file the necessary court documents and represent you at every stage of the case. You won’t need to worry about navigating the legal system. Your attorney’s first priority will be to get you the financial recovery you deserve and the resources you need to cope with the full effects of the attack.

Defenses Against a Dog Bite Claim

It’s not unusual for insurance companies and dog owners to deploy common defenses in dog bite claims, particularly in Nevada where dog provocation and trespassing may be valid defenses. For example, if the dog owner can prove that the alleged victim provoked the dog, then the owner could avoid liability. However, under NRS 484B.127, if an individual "willfully provokes, goads or harasses a dog or cat" and is bitten, the dog owner isn’t liable for damages. This law was enacted in response to a case where a child was seriously injured after teasing his neighbor’s pit-bull. After reaching a settlement with the injured student’s family , the Las Vegas Valley Water District decided to implement dog bite coverage on its liability insurance policy because of the incident. The same law now also states that a dog owner is immune from liability for damages caused by a dog bite if the plaintiff was trespassing on the owner’s property and thus subject to the exception. The law presumes that the person trespassing is aware of the incident and is therefore partly responsible for their injuries. A handful of other potential defenses in dog bite lawsuits are:

What Compensatory Damages Are Available to Dog Bite Victims?

When a dog bites a victim in Nevada, there are potential types of compensation that may be recovered. The first is for medical expenses. This can include money spent on preventative care which was not given after the dog bite incident, including future expected medical treatment. This category may also include money spent to treat psychological issues that result from the attack.
Lost wages may also be part of a recovery. These can include wages lost while the victim is recovering from the injuries. Additionally, if the victim cannot fully return to work, or if his/her earning potential is diminished, this may be included in the compensation.
Pain and suffering can be included in a recovery. This is speculation, but juries may be more likely to award pain and suffering in instances involving children than in those where a mature adult is the victim. Pain and suffering damages may not be awarded where the victim is a young child who does not feel pain in the same way as an adult. There are juries that award pain and suffering damages for young children, which may be unexpected for some observers.
Pain and suffering damages are awarded with regard to the nature and extent of the injuries. For inner injuries, damage will be less than other types of injuries. Further, psychological injuries are not likely to be compensated where the child was too young to understand the dog attack.
Damages for scarring and disfigurement may be awarded. This is particularly true if there are facial scarring and disfigurement.

How to Avoid Being Bitten by a Dog in Nevada

Preventing dog bites in Nevada is an essential aspect of animal ownership and public safety. For pet owners, this responsibility begins with selecting a suitable breed for their lifestyle and training their pets to minimize the risk of unpredictable behavior. All dogs carry a potential for aggression, but many breeds can be incredibly gentle and loving in the right circumstances.
Aside from selecting the right breed, proper socialization of a puppy can go a long way toward ensuring a stable and well-mannered adult dog. Puppies need regular interactions with people and other animals to learn how to react appropriately to different situations and stimuli. Proper socialization will reduce the risk of dangerous situations and injuries.
The manner in which a pet owner interacts with a dog also plays a big role in keeping others safe. Dogs should never be left alone with small children. Children are vulnerable to injury because they demonstrate unpredictable behaviors, and many dogs do not respond well to those behaviors. Even the best-behaved dogs may bite a child engaging in inappropriate play.
Weak dogs should not be exposed to aggressive beasts, as this may push their natural fight or flight instinct into action and cause them to snap . Interactions with other dogs should be closely monitored by a responsible adult.
Pet owners should consistently use positive reinforcement when training and interacting with their dogs. Positive reinforcement is a recognized and effective method of dog training that rewards good behavior and encourages dogs to repeat that behavior. Punishment-based training not only harms the dog but also creates a troubled relationship between the pet and owner. The relationship might break down to the point where the dog attempts to bite its owner or another person.
Dog owners can also promote community safety through responsible pet ownership. For example, keeping pets on a tight leash at all times helps prevent altercations with strangers and other dogs. Pet owners who allow their dogs to roam freely and engage in aggressive play are exposing the public to safety risks.
Sharing information about the need for responsible pet ownership also benefits the public. Education promotes awareness of local leash laws and pet ownership responsibilities. Responsible pet owners educate others about selecting the appropriate pet for their lifestyle, too.
Trying to prevent dog bites makes sense for everyone. It not only promotes public safety, but it also reduces the risk of a lawsuit.