A Quick Look at Clark County Dog Bite Laws
Dog bite laws in Clark County are designed to address incidents of dog bites and animal attacks for the overall health of the community. While dogs are often referred to as "man’s best friend," the unfortunate reality is that a large number of dog bites are reported every year throughout the United States. Younger, smaller children are at an increased risk for a dog attack, especially if they are unfamiliar with the animal or are behaving in a fearful manner . The purpose of dog bite laws in Clark County and throughout Washington is to prevent these types of incidents from happening and to enact legal consequences when a dog bite does occur, to ensure that the animal is not put back into the wild to cause further harm to other people. Generally speaking, dog bite laws in Clark County, including those in the surrounding communities, help residents stay safe from dangerous animals and limit the risk of personal injury.
Liabilities for Dog Owners
According to the law in Clark County, dog owners have a responsibility to their pets but also to other members of the public if their dog poses a danger of any kind. If your dog is a known biter, you have a responsibility to keep your dog in a secure container and not allow him out into public where he could cause injuries to other people. If someone is injured by your dog even on your property, you could be held liable for those injuries. (Clarkley v. City of Las Vegas, 100 P.3d 506 (2004)
Clark County law requires that dog owners must take the following measures to prevent dog bites and attacks:
If your dog attacks someone in Clark County, NV, you have a responsibility to make sure you notify authorities immediately that there has been an incident. Under Nevada law, NRS 202.355, you have a strict obligation to report any and all dog bites or encounters. Your responsibility does not end there. You must also report the attack to third parties including landlords, neighbors, parents of the child bitten if applicable, etc. You are obligated to report to as many people as possible to make sure there are no other victims of the attack.
If you or your lawyer are contacted by law enforcement about your dog attack, it is suggested that you avoid making any statements to law enforcement. In many cases, statements made to law enforcement may be used against you in any potential legal proceedings that follow. If you are contacted about the incident, it is recommended that you seek advice of an attorney immediately.
Rights for Dog Bite Victims
When a dog bite claim occurs, your rights as a victim can tend to get lost in the fray. In our previous articles, we’ve covered the duty of dog owners, and the penalties for not maintaining that duty. This week, we want to shed some light on what exactly the rights of dog bite victims are.
First, know that every state handles dog bite claims differently. In Nevada, the victim is generally in a better position than in other states. While some states require a victim to prove a dog owner’s negligence in order to recover damages for a dog bite, Nevada will often require little more than that the victim prove that they were injured due to the actions of the dog. This is due to the "strict liability" principle of dog bites in Nevada which, per Nevada Revised Statute 44.400, states that:
"Whenever any dog or other domestic animal shall do any injury to the body or property of any person within this State, the owner or keeper of such dog or other domestic animal shall be liable for the damage which results from the injury whether such damage was done intentionally, by careless or unskillful driving, or by the negligence of the owner or keeper of such dog or other domestic animal."
Out of the words "intentional," "careless," and "negligence," the only keyword to focus on if you’re bitten is "negligence." This means that if a dog causes you injury in any way, you don’t have to prove that the owner was deliberately negligent or that the dog’s actions were otherwise careless. You simply will need to prove that you were injured due to the actions of the dog, and since dogs are widely regarded as "domestic animals," you’ll have legal grounds to seek reparations.
This doesn’t mean you’re guaranteed a winning case—the dog did after all still have to injure you—but given the low burden of proof it takes, you’re in a much better position than those who didn’t get bitten by a dog.
How to File an Official Dog Bite Report
Reporting a dog bite is a critical step in seeking justice in Clark County, Washington. While many people assume it is not necessary to report a dog bite, especially if they are not injured, it important to protect themselves by filing a dog bite report.
In Clark County, dog bites and dog attacks must be reported to authorities. The Washington Department of Health (DOH) also requires that all animal bites be reported. Under Washington Revised Code (WAC) 246-110-010, "animal bite" means "any penetrating injury of the skin by animal teeth." Even if no punctures or breaks are visible, any break in the skin from a dog’s teeth is considered a dog bite.
Under WAC 246-110-030, "Animal bites and other potential exposures must be reported to the local health agency using a form developed by the department of health, or reported to the local health agency immediately by telephone and the completed form mailed or submitted electronically to the local health agency within one business day of the exposure."
Dog bites must be reported to the Clark County Health Department. You can report a dog bite online, or report the incident by phone by calling 564-397-2012. Officials will investigate the incident and decide whether the dog requires quarantine.
When you report a dog bite, you’ll need to provide some basic information. You do not need to submit a formal report to the health department.
The health department will investigate the incident to determine whether the dog involved was current on all rabies vaccinations, and to gain permission to inspect the dog to assess the severity of the bite. Determining whether the dog has had its rabies vaccines is necessary to determine whether the victim must undergo rabies treatment.
Once the dog is inspected, officials will decide whether the dog needs to be quarantined. Quarantine is usually not required as long as the dog is up to date on his or her rabies vaccines. If the dog is not up to date on rabies vaccines, however, the dog must be quarantined for up to six months.
After reporting the incident, you should continue your medical care with your doctor, who can help you monitor the injury for infections. If the dog has not been located, you may need to seek alternative rabies treatment from your doctor.
If you are bitten by a dog, it is important to begin treatment right away and to report the incident to the health department.
Possible Outcomes of a Dog Bite Case
Either the dog or pet owner or both may be liable for an injury to a victim caused by the dog. If a victim is injured by a dog, he can either sue the dog owner or the person who owns the property where the dog was located. There may be both civil and criminal consequences for dog owners if their pets bite another person. If the dog owner’s negligence was a major cause of the injury, then a victim may sue the dog owner for compensatory damages. This includes paying the medical expenses and any other costs incurred as a result of the victim’s injuries. Sometimes, dog owners are grossly negligent if their pets have bitten others in the past and have not been appropriately restrained. These pets often give a warning that they may bite someone in the future, and victims can significantly increase the amount of damages awarded when they prove that the owner knew or should have known that there is a real threat of their pet biting someone . If the owner permits their pet to run at large, they may face misdemeanor charges for allowing a dog to run at large and/or for public nuisance. They may also face felony charges for owning a dangerous animal that has killed or seriously injured someone. If the dog is rabid, the owner may face criminal charges under other laws. Owners may face enhanced penalties if the victim suffered medical complications or required special treatment. When a dog bites someone, it is important to report the incident to animal control as soon as possible. The agency will test the animal for rabies and may discipline the owner if the animal has a history of biting others. The victim may want to consult with a personal injury lawyer in Las Vegas whose practice focuses on dog bites and related injuries.
How Dog Owners Can Prevent Dog Bites
Responsible dog ownership is an essential aspect of preventing dog bites. The following strategies can help owners minimize the risk of their pet injuring someone.
First and foremost, pet owners should never leave their dog unsupervised with a child or a visitor. An unsupervised dog, even the most well-behaved and trained dog, may accidentally bite a person if startled or provoked. Most dog bite lawsuits in Clark County Nevada are filed against the owner of the dog. An owner’s negligence to properly supervise their pet may result in that owner being held liable for the damages caused by the dog.
Secondly, dog owners should properly train their pets. Training a dog, or sending a dog to a professional trainer, can help to reduce aggressive behaviors and other negative habits in dogs that would not be appropriate. When a dog has no structure in their life, they will be more prone to dangerous behaviors that would lead to potentially serious injury to a person and/or property damage.
Thirdly, owners should make sure that their dog undergoes proper socialization training. Proper socialization is key to having a dog become accustomed to the numerous different people, sights, sounds, and experiences that they will come across during their life. A properly socialized dog will be able to calmly and confidently meet new people and situations.
Lastly, dog owners should train their pets to interact properly with other animals and people. This training should include teaching the dog appropriate behavior when other animals are present, not jumping on or biting any guests to the house, and should also include stopping them from excessive barking. This will help to make sure that the dog does not cause any problems for the family, visitors, and/or other pets in the home.
Taking these steps to prevent dog bites can go a long way in making sure that both the dog and others are safe from potential dangers.
Dog Bite Resources for Victims and Dog Owners
Both victims of dog bites and dog owners in Clark County may benefit from a variety of resources offered to support and protect their rights. Victims of dog bites in Clark County should consider contacting the following resources: The State of Nevada’s Department of Health & Human Services hosts a ready reference guide for victims of dog bites at this website. Here, you’ll find specific tips on how to care for a dog bite as well as informative articles on how to file a claim, how to pay the costs of your dog bite injuries and how to make a report to animal control regarding a dangerous dog. Las Vegas Legal Aid Center provides free legal assistance to low-income residents of Clark County. The organization’s services extend to helping people file restraining orders against aggressive and dangerous pets, as well as pets that harass them . When you seek legal assistance from a Las Vegas personal injury attorney or law firm, it’s a good idea to choose an attorney who has access to substantial resources. For your case to run smoothly, it’s vital that you have a network of trusted medical professionals, therapists and other specialists on call to help you along. If you are sued by a dog bite victim, you need legal support from lawyers that understand what it means for a pet owner to be accused of having a reckless pet. These attorneys may be able to fight your ticket and keep your pet from being taken away from you. Finally, victims and dog owners alike can benefit from the United States Humane Society’s dog bite prevention resources. This national organization is devoted to the welfare of dogs and other companion animals.
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