Don't Take on Your Legal Situation Alone CONTACT US TODAY

I Was Bit by a Neighbor’s Dog. What Should I Do?

Law Offices of C. Melody Davalos, PLLC June 24, 2025

Tugging, dog trying to biteBeing bitten by a neighbor’s dog can be a traumatic experience. In North Carolina, dog bite incidents are governed by specific laws and regulations that determine liability, compensation, and next steps for victims. 

At the Law Offices of C. Melody Davalos, PLLC in Raleigh, North Carolina, we can help you deal with the aftermath of a dog bite, making sure that you take the proper steps to address the situation effectively. Located in Raleigh, North Carolina, our attorneys also serve clients in Nags Head, Wake County, Johnston County, Franklin County, and Durham County. 

Below provides a comprehensive overview of what to do if you’ve been bitten by a neighbor’s dog in North Carolina, covering immediate actions, legal considerations, medical concerns, and practical steps to protect your rights and well-being. 

Immediate Steps After a Dog Bite

Immediately after a dog bite occurs, it’s important to take a few key steps. We’ll go over each of these steps in more detail below.

Ensure Your Safety

The first priority after a dog bite is to remove yourself from immediate danger. If the dog is still aggressive or nearby, calmly but quickly move to a safe location. Avoid provoking the dog further, as sudden movements may escalate the situation. If you’re unable to leave the area safely, try to put a barrier (e.g., a bag, jacket, or object) between yourself and the dog.

Seek Medical Attention

Dog bites can cause serious injuries, ranging from minor cuts to deep wounds, infections, or even nerve damage. In North Carolina, it’s critical to seek medical attention promptly, even if the injury appears minor. Here’s why:

  • Infection risk: Dog bites can introduce bacteria, such as Pasteurella or Staphylococcus, leading to infections. Rabies, though rare, is another concern.

  • Documentation: A medical report will serve as evidence if you pursue a legal claim. It establishes the extent of your injuries and the treatment required.

  • Follow-up care: Some injuries, like nerve damage or scarring, may not be immediately apparent. A doctor can assess the need for stitches, antibiotics, or a tetanus shot.

Visit an urgent care facility, emergency room, or your primary care physician as soon as possible. Be sure to inform the healthcare provider that the injury resulted from a dog bite, as this may influence their treatment approach (e.g., checking for rabies risk).

Report the Incident

In North Carolina, dog bites must be reported to the local animal control agency or health department. This isn’t only a legal requirement in many counties, but also a critical step to confirm public safety and prevent future incidents. When reporting:

  • Provide details about the incident, including the location, time, and description of the dog.

  • Share the dog owner’s contact information, if known.

  • Note whether the dog has a history of aggression or prior bites, if you’re aware.

Animal control will investigate the incident, which may include quarantining the dog to check for rabies. Failure to report the bite could complicate legal or insurance claims later.

Document the Incident

Take the following steps to document the events that took place:

  • Photograph injuries: Take clear photos of your injuries immediately after the bite and over time to show healing or complications.

  • Photograph the scene: If possible, take pictures of the location where the bite occurred, including any relevant factors (e.g., a broken fence, lack of signage, or the dog’s environment).

  • Collect witness information: If anyone witnessed the incident, obtain their names and contact details. Witness statements can support your case.

  • Keep records: Save all medical bills, receipts for medications, and any other expenses related to the bite (e.g., transportation to medical appointments).

Thorough documentation is essential if you decide to pursue legal action or an insurance claim. 

Identify the Dog and Its Owner

If the dog belongs to a neighbor, you likely know the owner’s identity. If not, try to confirm the dog’s ownership through animal control, neighbors, or local authorities. Knowing the owner is crucial for filing insurance claims or legal action. Politely approach the owner to discuss the incident, but avoid confrontational language that could escalate tensions.

Legal Considerations in North Carolina

North Carolina has specific laws governing dog bites, which combine elements of the “one-bite rule” and strict liability under certain conditions. Understanding these laws will help you determine your options for seeking compensation.

North Carolina’s Dog Bite Laws

North Carolina doesn’t have a specific dog bite statute that automatically holds owners liable for all bites. Instead, liability is determined based on the following principles:

  • One-bite rule: North Carolina adheres to the “one-bite rule” in many cases, meaning a dog owner may not be held liable for the first bite unless they knew or should have known about the dog’s aggressive tendencies (e.g., a history of biting or aggressive behavior). However, if the dog has previously bitten someone or displayed dangerous behavior, the owner could be deemed negligent and held liable.

  • Strict liability for dangerous dogs: If a dog is classified as a “dangerous dog” under North Carolina law (N.C. Gen. Stat. § 67-4.1), the owner is strictly liable for any injuries caused by the dog. A dog is considered dangerous if it:

    • Has killed or inflicted severe injury on a person without provocation.

    • Has previously been declared dangerous by local authorities.

    • Is owned or harbored primarily for dog fighting.
      In such cases, the owner is liable regardless of whether they knew the dog was dangerous.

  • Negligence: Even if the dog has no prior history of aggression, you may still have a case if the owner was negligent. For example, if the dog wasn’t leashed in violation of local ordinances or escaped due to inadequate containment, the owner could be held responsible.

Your attorney can help you better understand the specifics of these legal guidelines.

Provocation Defense

In North Carolina, dog owners may avoid liability if they can prove the victim provoked the dog. Provocation could include actions like teasing, hitting, or threatening the dog. 

If you were bitten while lawfully on the owner’s property (e.g., as a guest) or in a public space, it becomes more difficult for the owner to claim provocation. Conversely, if you were trespassing, the owner may have a stronger defense.

Local Ordinances

Many North Carolina counties and municipalities have their own leash laws and animal control regulations. For example, in cities like Charlotte or Raleigh, dogs are typically required to be leashed in public spaces. If the dog was unleashed or roaming freely in violation of local laws, this strengthens your case for negligence.

Filing a Lawsuit

If you decide to pursue legal action, you may file a personal injury lawsuit against the dog’s owner. In North Carolina, this entails:

  • Statute of limitations: You have three years from the date of the bite to file a personal injury lawsuit (N.C. Gen. Stat. § 1-52). Missing this deadline could bar you from seeking compensation.

  • Damages: You may seek compensation for:

    • Medical expenses (past and future).

    • Lost wages if the injury caused you to miss work.

    • Pain and suffering.

    • Emotional distress.

    • Property damage (e.g., torn clothing).

  • Comparative negligence: North Carolina follows a “contributory negligence” rule, meaning if you were partially at fault (e.g., provoked the dog), you may be barred from recovering damages. This makes it critical to gather evidence showing you didn’t contribute to the incident.

It’s critical to work with an experienced attorney to make sure your lawsuit is filed correctly.

Homeowner’s Insurance

Many dog bite claims in North Carolina are resolved through the dog owner’s homeowner’s or renter’s insurance policy. These policies often cover dog bite injuries, with typical coverage ranging from $100,000 to $300,000. 

Contact the owner’s insurance company to file a claim, but be cautious when providing statements, as insurers may try to minimize payouts. Consider consulting an attorney before negotiating with the insurance company.

Medical and Health Considerations

Dog bites can have a serious impact on your health, making it crucial to take prompt action after being bitten. The sooner you seek medical care, the better. Some specific health concerns to keep in mind include the following.

Rabies Risk

Rabies is a serious concern with any dog bite. In North Carolina, animal control will typically quarantine the dog for 10 days to observe for signs of rabies. If the dog’s rabies vaccination status is unknown or the dog can’t be located, your doctor may recommend post-exposure prophylaxis (PEP), a series of shots to prevent rabies.

Infections

Dog bites can lead to infections, especially if the wound is deep or not properly cleaned. Watch for signs of infection, such as redness, swelling, warmth, or pus, and seek medical attention if these occur. Your doctor may prescribe antibiotics to prevent or treat infections.

Long-Term Effects

Some dog bites result in long-term consequences, such as scarring, nerve damage, or psychological trauma (e.g., fear of dogs). If you experience ongoing physical or emotional effects, document them and discuss them with your doctor and attorney, as they may increase the value of your claim.

Contact a Personal Injury Attorney

Being bitten by a neighbor’s dog in North Carolina requires prompt action to protect your health, legal rights, and safety. By seeking medical care, reporting the incident, documenting evidence, and understanding your legal options after a dog bite, you can limit the aftermath effectively. Serving Raleigh, Nags Head, Wake County, Johnston County, Franklin County, and Durham County, the Law Offices of C. Melody Davalos, PLLC is ready to help you. Call today to schedule a consultation.