North Carolina Dog Bite Laws

North Carolina’s dog bite statutes, N.C. Gen. Stat. § 67-4.4 and 67-12, allow the victim of a dog bite to hold the dog owner liable under either strict liability or the one-bite rule. The owner can be held strictly liable for injuries inflicted by a “dangerous dog.” North Carolina defines a “dangerous dog” as one that (1) has previously killed or seriously injured a person without provocation, (2) has been trained primarily for dog fighting, or (3) was officially declared to be dangerous or potentially dangerous. The owner can also be held strictly liable if they allowed their dog to run at large during the night, and the dog was over six months old.

If neither of the above circumstances apply to a given situation, victims can still pursue a claim under the one-bite rule. This means that the victim would have to prove that the dog had a vicious propensity, and the owner knew or should have known about this vicious propensity. However, a few defenses operate to shield owners from liability, including situations where the bite occurred when the victim was trespassing or was provoking the dog, or possibly when there were warning signs on the property (for example, a “Beware of Dog” sign).