Nevada does not hold dog owners strictly liable for dog bite injuries. Strict liability means you do not need to prove anything wrong with the dog owner’s conduct before the dog bit you. For example, if you were bitten by a dog in a strict liability state like California, you only need to prove your injuries and the ownership of the dog.
Nevada, on the other hand, will require you to prove the dog owner’s negligence to receive compensation.
What is Negligence?
Negligence is when unreasonable conduct causes injuries. A Nevada dog bite case requires proof the dog owner did something wrong to cause your injuries. You will need to prove the following to recover damages:
- The dog owner had a duty to keep you reasonably safe from harm.
- The owner failed to do so.
- The dog owner’s conduct enabled the dog to bite you.
- You suffered actual harm from the dog bite.
Dog owners are presumed negligent if they violated a state or local animal control law. If your city requires leashing or containment, and you are bitten by a loose dog on the street, the owner is likely liable under negligence per se. That means your case has less to prove.
What If You Provoked the Dog?
Under Nevada law, provocation is a defense to a dog bite claim. Provocation means the dog has been tormented or subjected to pain. The owner must additionally argue with specific facts that you knew or should have known your conduct would result in a dog bite.
If the dog owner claims you are at fault for your injuries, then your case may require comparing each party’s fault. Under comparative fault, your recovery is reduced by your portion of fault. However, Nevada’s modified comparative fault rules will deny you compensation if you were more at fault than the owner. For example, if you were 30% at fault, you are entitled to 70% of your damages. But if you were 51% at fault, you will not recover any damages.
When to Call a Nevada Dog Bite Lawyer
Because dog bite injuries require you to prove a case, it is best to get help from a lawyer as early in your case as possible. Sam & Ash, LLP is an experienced dog bite team that wants to get you better care and a better settlement. We are available to give you a free case consultation any time you need it at 1 (800) 304-2000.