What Do I Have to Prove to Win a Dog Bite Case in North Carolina?

From the team at Huggins Law Firm, P.C., we want to talk about one of the most personal and scary types of injuries we see.

A dog bite is not like a car accident. It is a sudden, terrifying, and personal attack. And in most cases, it is not a random stray. It is often a dog you know—a neighbor’s dog, a friend’s dog, or a dog at a local Greensboro park.

One minute, you or your child are petting an animal. The next, you are rushing to the emergency room, in pain, and terrified.

And then, the “blame game” starts. The dog’s owner says, “He’s never done that before!” An insurance adjuster (from the owner’s homeowner’s insurance) calls you. They sound very nice. But they are already trying to find a way to blame you.

We are a law firm that has been protecting North Carolina families for decades. Our team has deep, broad experience in Personal Injury, Criminal Law, Family Law, Estate Planning, and Bankruptcy.

This broad experience is critical in a dog bite case.

• A serious bite leads to massive medical bills, a Bankruptcy risk.
• A fatal attack is a Wrongful Death case, which requires an Estate to be opened.
• Animal Control may file a Criminal complaint against the owner.

Our firm can see the whole picture. We are here to be your shield and your guide. This page is your simple, clear guide to the truth about these complex cases.

Key Takeaways from This Page

We know you are scared and in pain. If you only read one part, read this:

• NC is NOT a “Strict Liability” State. This is the #1 thing to know. You must prove the dog’s owner was careless (negligent) to win your case.
• The “0% Trap” is the #1 Defense. North Carolina has a “Contributory Negligence” rule. If the owner’s insurance can prove you were even 1% at fault (e.g., you “taunted” the dog), you get ZERO.
• How to Prove It: You can win in 2 main ways: (1) Prove the owner knew the dog was dangerous, OR (2) Prove the owner broke a safety law (like a leash law).
• You Are NOT Suing Your Neighbor. This is a huge fear. You are not suing your friend. You are filing a claim against their homeowner’s or renter’s insurance policy. This is why they have insurance.
• The Clock is Ticking. You have three (3) years from the date of the bite to file a lawsuit. If the bite was fatal, the family only has TWO (2) years to file a Wrongful Death claim.

The “0% Trap” — Why the Insurance Company is Already Trying to Blame YOU

This is the most important, and scariest, part of North Carolina Personal Injury law. It is called “Pure Contributory Negligence.”

This is a cruel, old-fashioned rule that only four states still use. In most states, if you are 10% at fault, and the dog owner is 90% at fault, you can get 90% of your money. That sounds fair.

That is NOT the law here.

In North Carolina: If you are 1% at fault… you get $0.

If you are found to have “contributed” to the bite in any tiny, small way, you are barred by law from getting one single penny.

This is the entire strategy for the insurance company’s lawyers. Their only job is to pin 1% of the blame on you.

• “You were trespassing on their property.” (1% fault)
• “You startled the dog.” (1% fault)
• “You were taunting or teasing the dog.” (1% fault)
• “You assumed the risk by trying to pet a dog that was growling.” (1% fault)

They will call you and ask for a “recorded statement.” They are paid to get you to say, “Well, I guess I should have asked first,” or “I just reached out to pet him.” And just like that… your case, with its $50,000 in plastic surgery bills, can be worth $0.

This is why you must have an experienced lawyer from the very beginning. Our job is to be your shield. Our job is to build the case that proves the owner was 100% at fault, and you were 0% at fault. We tell the adjuster, “You will not talk to our client. You will talk to us.”

The “One-Bite Rule” Myth: How NC Dog Bite Law Really Works

This is the core legal topic. A lot of people (and even some lawyers) get this wrong.

• Some states have “strict liability.” This means if a dog bites, the owner pays. Period.
• Some states have a “one-bite rule.” This means the owner gets “one free bite” before they are held responsible.

North Carolina has neither of these. Our state is a “negligence” state. This means you, the victim, must prove that the dog owner was careless in some way.

This sounds hard, but an experienced lawyer knows there are two main “paths” to win.

Path 1: Proving the Owner Knew the Dog was Dangerous (The “Hard Path”)

This is the old-fashioned way. You have to prove the owner knew (or should have known) that their dog was a risk. The law says you have to prove the owner knew the dog was “dangerous” or “vicious” or “mischievous.”

How do we prove what the owner “knew”?

• The Dog Has Bitten Before: This is the best proof.
• The Dog Tried to Bite Before: We interview neighbors in Greensboro or High Point. We find the mailman. We find the other dog walkers. They all say, “Oh yeah, that dog lunges at the fence and growls at everyone.”
• Animal Control Reports: We pull the official records. Have the police or animal control been called to the house before?
• The Owner’s Words: Did the owner warn you? “Be careful, he’s grumpy.” Or, “Don’t get near his food bowl.” This is proof that they knew the dog was a risk.

Path 2: Proving the Owner Broke a Safety Rule (The “Best Path”)

This is the best, fastest, and easiest way to win your case. It is called “Negligence Per Se.” In plain English, it means: “The owner broke a public safety law, and because they broke that law, you got hurt.”

What laws? Leash Laws. This is the big one. Every city and county in our area has a “leash law.”

• Greensboro has one.
• Winston-Salem has one.
• Burlington and Graham (Alamance Co.) have one.
• Asheboro (Randolph Co.) has one.

These laws all say, “A dog cannot be ‘at large’ (off-leash) when it is off the owner’s property.” If a neighbor’s dog was off-leash, ran across the street, and bit you… the owner is negligent. Period. You do not have to prove the dog has ever been mean before. The only thing that matters is that the owner broke the leash law.

This is also true for laws like:

• “Failure to have a rabies shot”
• Violating a “dangerous dog” order (if the dog was already in the system)
• Having a broken fence (failure to “confine” the dog)

Our lawyers know exactly where to find these local laws (called “ordinances”) and use them to win your case.

The “Secret Stat” You Need to Know: Who Owns the Dog?

This is the “little-known stat” that changes everything for our clients. When you picture a dog bite, you picture a stray, “mean” dog. That is not what happens.

The “Secret Stat”: According to the American Veterinary Medical Association (AVMA), over 77% of dog bites are from a dog owned by a family friend or a neighbor.

This leads to the #1 fear people have…

“I Don’t Want to Sue My Neighbor!” (Why You’re Not)

This is the #1 reason people in Greensboro or Kernersville never call a lawyer. Your neighbor’s dog bit your child. Your neighbor feels horrible. You feel horrible. The last thing you want to do is “sue” your neighbor and “ruin” them.

We get it. And we have good news.

You are NOT suing your neighbor. You are NOT trying to take their house or their car.

You are filing a legal claim against their HOMEOWNER’S INSURANCE (or Renter’s Insurance) POLICY.

This is why your neighbor pays for insurance. It is for accidents like this.

• The insurance company has a legal duty to pay for the harm their “client” caused.
• The settlement check is paid by the insurance company (like State Farm or Allstate).
• Your neighbor does not pay. Their premium might go up, but that is it.

Once we explain this, our clients feel a huge sense of relief. This is not a fight between you and your friend. This is a business deal between your lawyer and their insurance company.

The “Damage” is More Than Just a Bite (Especially for Kids)

The insurance adjuster will try to make this simple. “Here’s $500 for your ER bill.” This is a trap. The “damages” are so much more than one bill.

Our job as your lawyer is to get you money for all of it.

1. Medical Bills (Past and Future)

This is the big one.

• The ambulance and the ER.
• The stitches.
• The antibiotics. (Dog bites have a huge risk of infection. The CDC reports that almost 1 in 5 dog bites becomes infected).
• Plastic Surgery: This is the “future” bill. That scar on your child’s face will not go away on its own. We hire plastic surgeons to write a report on the future cost of scar revision, laser treatments, etc. This can be tens of thousands of dollars, and the insurer must pay for it.

2. Lost Wages

You were out of work for two weeks. Your employer in High Point didn’t pay you. We get that money back.

3. Permanent Scarring and Disfigurement

This is a huge part of a dog bite case. A scar is permanent. It changes how you look. It changes how you feel. A jury will give a lot of money for a bad scar, especially on a face, arm, or leg.

4. Emotional Trauma (PTSD)

This is especially true for children.

A “Secret Stat” About Kids: Children are the #1 victims. The AVMA states that children, especially those aged 5-9, are at the highest risk for dog bites.

A child who is attacked can have a lifetime fear (a “phobia”) of all dogs. They can have nightmares for years. This is a real injury, and the law says you can get money for this “pain and suffering.”

What to Do Right Now (Your 5-Step Plan to Save Your Case)

The insurance company’s lawyers are already hoping you make a mistake. Here is your 5-step plan to protect your family.

Step 1: Get SAFE and Get MEDICAL HELP. Get away from the dog. Then, go to an ER or Urgent Care that day. Even if it seems “minor.”

1. It protects your health (rabies, infection).
2. It creates the #1 piece of legal evidence: a medical record that links your injury to the bite.

Step 2: REPORT IT. Call your local Animal Control or the police. This is critical. They will create an official report. This report will:

• Find out if the dog has its rabies shots.
• Document the owner’s name and address.
• Create a legal “paper trail” that the dog is dangerous.

Step 3: Take PICTURES. This is your best evidence. Use your phone.

• Take pictures of the bite, right after it happened (bloody and all).
• Take pictures every day as it heals (or gets infected).
• Take pictures of the dog.
• Take pictures of the location (the broken fence, the “Beware of Dog” sign).

Step 4: Get Witness INFO. Get the name and phone number of the dog’s owner. Get the name and number of anyone who saw it happen.

Step 5: Do NOT Talk to the Insurance Adjuster. They will call. They will sound so nice. They will ask for a “recorded statement.” This is a TRAP. They are paid to get you to say, “I guess I startled him.” Your only answer should be: “I am hiring a lawyer. You can talk to them.”

Why a Local NC Lawyer is Your Best Bet

When you are searching for the “best dog bite lawyer near me,” you are right to look for someone local.

Why? Because the most important laws in your case are LOCAL. The leash law in Greensboro (Guilford Co.) is different from the leash law in Graham or Burlington (Alamance Co.). A lawyer from “out of town” will not know this.

Our lawyers are in the courthouses of Greensboro, Asheboro, Graham, Winston-Salem, and Burlington all the time.

• We know the local leash laws.
• We know the local animal control officers.
• We know the local defense lawyers and insurance adjusters.

We are not just a “PI firm.” We are a full-service family law firm. We are the same lawyers your neighbors in Kernersville and High Point trust with their Will, their Divorce, or their Criminal case. We are part of this community.

We Are Here to Be Your Shield

This is a tough, uphill battle. The law is against you. The insurance company will try to blame you. You need a lawyer who is not afraid of that fight.

Our job is to take the blame off your shoulders and put it where it belongs: on the dog owner’s insurance company.

• We will handle the adjuster.
• We will send the legal letters to save the evidence.
• We will hire the experts.
• We will fight the “0% trap.”

It costs you nothing to talk to us. It costs you nothing to hire us. All our Personal Injury cases are on a “contingency fee.” We only get paid if we win your case.

Call us. Let our family help yours.