Determining Liability in Dog Bite Cases

According to the Centers for Disease Control and Prevention, an estimated 4.5 million dog bite injuries occur yearly. That’s an average of 1 dog bite per 73 people. The CDC also reports that between 2011 and 2021, there were a total of 468 dog-related deaths in the United States.

Unfortunately, young children are some of the most vulnerable victims of dog bites because of their small stature and innocent curiosity. Injury watch group DogsBite reports that in 2019, there were 48 recorded dog-bite deaths. 27% of those victims were aged 9 and younger. 
Nevada allows dog bite victims the right to recover compensation for their injuries via a personal injury lawsuit. If you or a loved one has suffered a dog bite injury in Las Vegas, contact an experienced dog bite personal injury attorney at Adam S. Kutner today.

What is the one-bite rule?

There is no clearly defined Nevada dog bite law. However, like many other states, Nevada follows the “one-bite rule” for establishing liability.  

Under the one-bite rule, a dog owner can avoid liability if it is their dog’s first time biting a victim. However, if a dog owner knew of their dog’s viciousness or dangerousness, they could be held liable for a dog bite injury, even if it was a dog’s first time biting someone. 

Does the one-bite rule apply in Las Vegas?

Nevada courts have expressed in previous cases that a dog is not entitled to a “one free bite” before liability can be established. Instead, a dog’s temperament history and the owner’s knowledge of their dog’s viciousness or risk of danger to others are considered. The same rule applies in Las Vegas.

Nevada’s dangerous and vicious dogs 

Nevada’s criminal law, NRS 202.500, defines and regulates what it means to have a dangerous or vicious dog. 

Dangerous dog 

A dog is classified as a “dangerous dog” if it has, on at least two separate occasions within 18 months, behaved menacingly in a way that any reasonable person would feel the need to defend themselves against bodily harm. This applies when a dog is off the dog’s owner’s property and not confined in a cage, pen, or vehicle. If a dog was used to commit a crime, it could also be deemed “dangerous.” 

Vicious dog 

A dog may be deemed vicious if it inflicts substantial injury or kills a person without being provoked or if, after being designated a “dangerous dog,” it continues the behavior that made it dangerous to begin with. 

What are the six levels of dog bites? 

Las Vegas uses a six-level designation system to determine the severity of an aggressive dog encounter or dog bite injury. These categories include:

Level One 

Also known as the “pre-bite” stage, this is when your dog takes an aggressive action toward a victim but does not actually bite them. Dog owners should heed the warning of repeated aggression complaints from others about their dog. 

Level Two

This level is defined as a near-bite category. It occurs when the dog may physically come in contact with a victim but does not puncture the skin. Although a bite does not happen, a near bite could prompt a potential lawsuit. 

Level Three

Level three is when a dog bite has occurred, and a victim requires medical attention. Level three dog bites can be serious and must be reported to a local animal control officer. Dog bites are broken into two categories: 

• Single, deep bite: The bite is deep enough to puncture the skin, and the entrance mode is typically the same length as the dog’s tooth.
• Multiple, shallow bites: A quick attack can result in multiple shallow bites. The entrance wounds are generally half the length of the dog’s tooth. 

At a level three bite, a dog’s owner no longer has the protection of the one-bite rule. Working with experienced Las Vegas dog bite attorneys can help you recover damages from your injury, even if it was the first time the dog had bitten someone. 

Level Four

This is when a dog’s bite causes permanent damage to a victim and requires immediate medical treatment. This level bite can also kill a child.

Level Five

A victim has suffered multiple level four bites.

Level Six

The dog bite is hard enough to kill an adult, and/or the dog rips out the flesh. At a level six dog bite, dogs are put down. 

How do you prove liability in a Las Vegas dog bite claim?

Las Vegas determines liability after a dog bite under the lens of traditional negligence rules. Nevada employs what is known as “modified comparative negligence,” as outlined by Nevada Revised Statutes 41.141. Factors that are used to determine liability can include: 

• Was the dog owner negligent in the care and ownership of their dog before the dog bite injury? 
• Did the dog owner adhere to Las Vegas and Clark County municipal ordinances that relate to the care and control of their dog? 
• Did a dog owner have a duty to the dog bite victim, and was that duty violated? 

The circumstances of the dog bite injury will also play a factor in whether or not the dog owner can be liable for negligence. For example, if the victim was trespassing on the property where the dog was housed and the dog bit and injured the trespassing victim as a result, a dog owner cannot be proven negligent in most cases. This is because the dog owner does not owe a duty of care to individuals trespassing on their personal property. 

How do leash laws affect a dog bite case?

Despite no statewide statute or implicit Las Vegas dog bite laws, the city does have ordinances and regulations, such as leash laws. Generally, dogs must be kept on a leash in public spaces in Nevada, especially in populated places like Las Vegas. 

A dog owner could be liable for the injury if a dog is off their leash and a dog bite happens.

Speak with experienced Las Vegas dog bite attorneys today

When you speak with an experienced Las Vegas dog bite injury attorney, you get the legal representation you deserve.