06/26/14 — Dog attacks -- What does the law say about liability?

View Archive

Dog attacks -- What does the law say about liability?

By News-Argus Staff
Published in News on June 26, 2014 1:46 PM

* Strict liability -- The owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.

* Penalty for attacks by dangerous dogs -- The owner of a dangerous dog that attacks a person and causes physical injuries requiring medical treatment in excess of $100 shall be guilty of a Class 1 misdemeanor.

* It is unlawful for an owner to:

1. Leave a dangerous dog unattended on the owner's real property unless the dog is confined indoors, in a securely enclosed and locked pen, or in another structure designed to restrain the dog;

2. Permit a dangerous dog to go beyond the owner's real property unless the dog is leashed and muzzled or is otherwise securely restrained and muzzled.

If the owner of a dangerous dog transfers ownership or possession of the dog to another person, the owner shall provide written notice to the authorities, stating the name and address of the new owner or possessor of the dog; and the person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the authorities' determination.

Violations result in a Class 3 misdemeanor. According to N.C. General Statute 15A-1340.23, the maximum punishment for a person convicted of a Class 3 misdemeanor with no more than three prior convictions, is 20 days in jail and a fine of up to $200.