Dog Parks and Liability for Bites
June 20, 2025
Dog parks have become increasingly popular in North Carolina as urban areas expand and pet ownership rises. These designated spaces allow dogs to exercise, socialize, and play off-leash in a controlled environment.
However, with the freedom of off-leash play comes the risk of dog bites and injuries, raising complicated legal questions about liability. In North Carolina, liability for dog bites in dog parks is governed by a combination of state statutes, local ordinances, and common law principles.
Our personal injury attorneys at the Law Offices of C. Melody Davalos, PLLC in Raleigh, North Carolina, can provide information surrounding dog parks and liability for bites in North Carolina, addressing key issues such as strict liability, negligence, assumption of risk, and the role of local regulations.
Below are practical considerations for dog owners, park operators, and municipalities to minimize risks and confirm safe environments.
Dog Parks in North Carolina
Dog parks in North Carolina range from small, fenced-in areas in suburban communities to large, multi-acre facilities in cities like Raleigh, Charlotte, and Asheville. These parks are typically maintained by local governments, homeowners’ associations, or private entities.
Many feature amenities such as water stations, agility equipment, and separate areas for small and large dogs. While dog parks provide significant benefits, they also create unique risks. Dogs, even those that are typically well-behaved, may act unpredictably in a stimulating environment with unfamiliar dogs and people.
Bites, scratches, and other injuries can occur, leading to disputes over who is responsible for medical bills, veterinary costs, and other damages. Understanding the laws regarding liability is essential for all parties involved. Reach out to a personal injury attorney if you have questions.
Laws Involving Dog Bite Liability in North Carolina
North Carolina’s approach to dog bite liability is a hybrid of statutory law and common law principles. Unlike some states that impose strict liability for all dog bites, North Carolina distinguishes between bites caused by dogs with a known dangerous propensity and those without.
The state’s laws also interact with local ordinances and the specific context of dog parks.
Statutory Law
Under North Carolina General Statutes § 67-4.4, strict liability applies to owners of dogs deemed “dangerous” if the dog causes injury. A “dangerous dog” is defined under § 67-4.1 as a dog that:
Has killed or inflicted severe injury on a person without provocation.
Is owned or harbored primarily for dog fighting.
Has been declared dangerous by a local animal control authority due to prior aggressive behavior.
If a dog meets this definition and bites someone, the owner is strictly liable for damages, meaning they’re responsible regardless of whether they were negligent or knew of the dog’s dangerous tendencies.
However, proving that a dog is “dangerous” under this statute can be challenging, especially in a dog park setting where prior incidents may not be documented or reported.
For most dog bites in North Carolina, including those in dog parks, strict liability doesn’t automatically apply unless the dog has a documented history of dangerous behavior. Instead, liability is typically determined under common law principles of negligence or the “one-bite rule.”
Common Law, Negligence, and the One-Bite Rule
North Carolina follows a modified version of the common law “one-bite rule” for dog bites. Under this rule, a dog owner is liable for a bite if:
The owner knew or should have known that the dog had a propensity to bite or act aggressively (scienter).
The owner failed to take reasonable steps to prevent the bite.
The “one-bite rule” doesn’t mean a dog gets a “free bite.” Instead, it refers to the idea that a single prior incident may be sufficient to establish the owner’s knowledge of the dog’s dangerous tendencies.
For example, if a dog has previously bitten another dog or person or displayed aggressive behavior such as lunging or growling, the owner may be deemed to have constructive knowledge of the dog’s propensity. Subsequent bites could then trigger liability.
In a dog park, the one-bite rule creates challenges. Owners may argue that they were unaware of their dog’s aggressive tendencies, especially if the dog hasn’t bitten before.
Additionally, the chaotic environment of a dog park, where dogs are running, playing, and interacting unpredictably, can make it difficult to prove that an owner failed to exercise reasonable care.
Negligence Per Se
In some cases, dog bite liability in North Carolina may be based on negligence per se, which occurs when an owner violates a statute or ordinance designed to protect public safety.
For example, many North Carolina municipalities have leash laws or ordinances requiring owners to maintain control of their dogs at all times. In dog parks, where dogs are permitted to be off-leash, local rules often mandate that owners supervise their dogs closely and intervene if the dog shows signs of aggression.
If an owner violates a dog park rule, such as failing to supervise their dog or bringing a known aggressive dog to the park, and a bite occurs, the violation may constitute negligence per se. This doctrine simplifies the plaintiff’s case by establishing that the owner’s conduct fell below the standard of care required by law.
Contacting a personal injury attorney if you’re bitten by a dog is an imperative step for your case. For dog owners, seeking legal counsel is also advisable.
Dog Parks and Assumption of Risk
One of the most significant defenses in dog park bite cases is assumption of risk. Dog parks are inherently risky environments, as dogs are allowed to run freely and interact with minimal restraint. Courts in North Carolina have recognized that individuals who enter dog parks voluntarily assume some level of risk that they may be bitten or injured.
Express Assumption of Risk
Many dog parks in North Carolina require users to sign waivers or acknowledge posted rules before entering. These waivers often include language stating that users assume the risk of injury and agree not to hold the park operator or other owners liable for bites or injuries.
For example, the City of Raleigh’s dog park rules include a posted sign warning that users enter at their own risk.
If a user signs a waiver or acknowledges these rules, they may be barred from recovering damages for a bite under the doctrine of express assumption of risk. However, waivers aren’t always ironclad.
Courts may invalidate a waiver if it is overly broad, ambiguous, or obtained through coercion. Additionally, waivers typically don’t shield owners from liability for gross negligence or intentional misconduct.
Implied Assumption of Risk
Even without a signed waiver, courts may find that a plaintiff impliedly assumed the risk of injury by choosing to enter a dog park. The implied assumption of risk applies when a person knowingly and voluntarily exposes themselves to a known danger.
For example, if a person enters a dog park and is bitten while attempting to break up a dog fight, a court may determine that they assumed the risk of injury by engaging in a foreseeably dangerous activity.
However, assumption of risk isn’t an absolute defense. If the defendant’s conduct was reckless or the dog was known to be dangerously aggressive, courts may limit the application of this doctrine.
For instance, if an owner brings a dog with a history of biting to a dog park and fails to disclose this history, the injured party may argue that they couldn’t have reasonably assumed the risk of being bitten by that specific dog.
Consult with a personal injury attorney about the specifics of your case. Every detail can impact your case.
Local Ordinances and Dog Park Rules
Local ordinances play a critical role in shaping liability for dog bites in North Carolina dog parks. Municipalities such as Charlotte, Raleigh, and Asheville have enacted specific regulations governing dog park use. These rules often include requirements such as:
Dogs must be vaccinated and licensed.
Owners must supervise their dogs at all times.
Aggressive dogs or dogs with a history of biting are prohibited.
Owners must clean up after their dogs and maintain control to prevent fights.
Violations of these rules can lead to fines, ejection from the park, or civil liability. For example, in Mecklenburg County, the Parks and Recreation Department maintains strict guidelines for its dog parks, and failure to comply can result in a citation under the county’s animal control ordinance.
Local ordinances also interact with state law. In some cases, a violation of a local dog park rule may trigger negligence per se, as discussed earlier. Additionally, municipalities may face liability if they fail to enforce their own rules or maintain safe facilities.
For instance, if a dog park has inadequate fencing or lacks proper signage, and a bite occurs as a result, the municipality could be sued for negligence.
Practical Considerations for Dog Owners
Dog owners in North Carolina can take several steps to minimize their liability and create a safe dog park experience:
Know your dog’s behavior: Before visiting a dog park, owners should assess their dog’s temperament. Dogs that are fearful, aggressive, or overly dominant may not be suitable for off-leash environments.
Supervise closely: Owners must actively monitor their dogs at all times. Distractions such as phones or conversations can lead to missed warning signs of aggression.
Follow park rules: Adhering to posted rules, such as keeping aggressive dogs out and confirming vaccinations are up to date, reduces the risk of liability.
Carry insurance: Homeowners’ or renters’ insurance policies often include liability coverage for dog bites. Owners should confirm that their policy covers incidents at dog parks.
Document incidents: If a dog is involved in a minor altercation, owners should document the incident and take steps to prevent recurrence, such as training or avoiding dog parks.
By taking these precautions, dog owners can help make sure of a safe and enjoyable experience at dog parks while minimizing potential liability.
Contact a Personal Injury Attorney
Dog parks in North Carolina provide valuable spaces for dogs and their owners to enjoy, but they also carry inherent risks of bites and injuries. Do you have questions about liability in these settings? The personal injury attorneys at the Law Offices of C. Melody Davalos, PLLC in Raleigh, North Carolina, are here to help. We serve residents statewide for personal injury cases. Contact us today.