Premises Liability: Animal Attacks

Dog bites and animal attacks are more common than most people think. An average of 4.5 million people are bitten by dogs annually throughout the nation. 

In 2019, there were 48 fatal dog attacks. Those numbers rose from 2018 and 2017, with fatalities totaling 36 and 39 fatal attacks, respectively. 

Children are more vulnerable to severe injury or death following a dog attack. Their smaller size, unpredictability, and lack of awareness are common reasons children fall victim. 

If you or a loved one was injured following a dog or animal attack, you have legal rights and options. Nevada law offers dog owners rights and protections if their dog attacks someone, but as a victim, you have protection too.

Who is responsible for animal attack injuries in Nevada?

The owner of a dog can be held liable for injuries their dog causes to another individual. The owner could even be held liable for wrongful death. Depending on the circumstances of the injury, liability can change. Factors that can influence liability include: 

• Whether the dog has a history of violence
• The attack happened on private property
• The attack happened on public property
• The actions of the victim prior to or during the attack and whether the attack was provoked or the victim was trespassing  

Animal attacks on private property 

The majority of dog bites occur on private property. If you’ve been the victim of a dog bite on someone else’s property, you could hold the dog owner responsible. Liability is determined based on the dog’s previous history and the owner’s actions leading up to the attack. 

If you were invited onto the private property before the bite occurred, the owner could be held responsible. However, if you are bitten while trespassing, an owner is less liable for your injuries.

Animal attacks on public property 

If a dog bite occurs on public property, you may be able to take legal action against the dog owner and additional parties as well. Generally, however, government entities may be shielded from liability in the event of a dog bite or animal attack. 

Animal attacks on public property can occur anywhere, including: 

• The zoo
• A public park
• An indoor facility 
• Any public location where a dog is not properly restrained

Nevada’s dog bite laws and owner accountability

Nevada does not have a state statute regarding dog bites. Like most states that don’t have a legal statute, the one-bite rule applies. 

Under Nevada law regarding crimes against public health and safety, owners can be protected from legal liability if it’s the first time their dog bites someone.

Although the one-bite rule exists, there are instances where this rule is not applied, allowing victims to recover damages, including pain and suffering and financial loss. 

Nevada law covers several definitions of a dog that individuals can use to recover damages: 

• Provoked dog: This is a dog that will react aggressively because of a past history of pain or torment
• Dangerous dog: This describes a dog that behaves in a menacing manner without being provoked. Menacing behavior must have occurred in at least two separate incidents within 18 months. 
• Vicious dog: A vicious dog inflicts substantial bodily harm without having been provoked. After an owner has been notified by authorities and their dog continues to behave menacingly, it will be deemed vicious. Exceptions exist in this definition and include instances where a dog is defending its owner or its property against someone committing a crime. 

What role does negligence play in an animal attack?

While the one-bite rule offers dog owners some protection, victims of a dog bite can cite an owner’s negligence when seeking legal action. Whether the dog is on private or public property, owners have a duty to keep others safe. They could be found negligent if they violate this duty. 

The legal concept of negligence is broken into four parts, all of which must be present for negligence to have occurred:

• Duty of care: An individual has a duty to provide a reasonable level of care regarding the safety of others. A dog owner is responsible for ensuring that the animal will not attack another individual. Measures taken to satisfy this duty can include housing a dog in a fenced-in yard, using a leash when outdoors, and using a muzzle if needed. 
• Breach of duty: If a dog owner violates the duty of care, whether intentional or not, a breach of duty has occurred. If a dog owner knows their dog has a history of aggressive or violent behaviors, but fails to put their dog on a leash, the owner could be held liable if the dog intentionally or unintentionally hurts another individual. 
• Causation: This is the legal concept that an individual’s breach of duty caused a plaintiff’s injury. If it were not for the dog owner’s actions or lack of actions, a victim would not have suffered their injury. 
• Damages: Damages are losses a plaintiff sustains. These losses can be financial, physical, and/or emotional and include loss of personal property, medical bills, and pain and suffering. 

The level of duty an individual owes to another depends on the circumstances of the event. If the dog owner invites an individual onto their property or takes their dog to a public space, they can be held to a higher duty of care. 

Duty of care is minimized if an individual trespassed on private property where the dog is housed. This can also apply in cases where an individual is attacked while trespassing on commercial property like a park or zoo. 

What if a dog bites someone on my property?

If your own dog bites someone else on your personal property, you may be held liable under premises liability laws for creating an unsafe space. However, if a dog that is not your own bites someone while on your property, you might not be held to the same standard. 

Nevada courts do not impose liability on landlords who have tenants with dogs that have bitten someone else. However, if a landlord fails to maintain a safe property that is rented out to tenants, and fails to repair a fence the tenant’s dog is housed in, the dog may be able to escape and subsequently bite someone. If that happens, the landlord could be responsible for failing to maintain safe premises.

How can I show that someone caused my animal attack?

Proving a dog owner is responsible for your injuries requires you to satisfy the elements of “causation” and “damages” regarding negligence. Seeking medical attention immediately after your accident, taking photos of your injuries, and collecting invoices regarding the medical treatment you’ve received are all ways to prove a dog owner is responsible for your injuries.  
Working with an experienced dog bite injury attorney allows you to have the guidance you need to navigate the legal nuances of an animal or dog bite.