When a dog bite occurs, the legal aftermath can be confusing and emotionally overwhelming for victims, especially in states like Nevada where the laws are less straightforward. Unlike states with specific statutes governing dog bites, Nevada follows the one bite rule that bases liability on what the dog owners knew, or should have known, about their pet’s behavior in order to determine negligence. Whether you’re a dog owner looking to understand your responsibilities or a victim seeking justice, this guide breaks down everything you need to know about liability, local laws, and what steps to take after an incident.
What is the Nevada One Bite Rule?
The one bite rule is a legal doctrine used to determine a dog owner’s liability in the event of a dog attack. Under this rule, a dog owner is not automatically liable for a dog bite if it is the first time their dog bites someone, unless they had prior knowledge of the dog’s aggressive behavior.
Since Nevada doesn’t have specific legislature concerning dog bites, courts rely on common law negligence principles. This means that victims must prove that a dog owner failed to act with reasonable care to prevent the incident. Keep reading to learn how the one bite rule works in real-life scenarios and how a dog bite injury lawyer can help you recover damages if you’ve been the victim of a dog attack due to negligent owners.
Common Misconceptions About the One Bite Rule
There are several misconceptions about the one bite rule that often lead to confusion among dog owners and victims. Many people misunderstand how the rule actually works and assume it offers broad protections for owners. Let’s clarify some of the most common misconceptions:
Misconception #1: Dog Owners Get One Free Bite
While Nevada does not automatically hold dog owners legally responsible for a first-time dog attack, this does not mean that dogs are allowed one bite at no cost. The key distinction here is whether or not the dog has demonstrated prior aggression. Aggressive behavior is not just limited to biting. It includes barking, growling, lunging, etc. If a dog has displayed these types of dangerous behaviors, the owner can absolutely be found negligent even if it is the first bite incident.
Misconception #2: This Rule Protects All Dog Owners
If the dog is a known danger, the one bite rule does not protect owners from liability in the event of a dog attack. Furthermore, the one bite rule does not protect owners from legal responsibility if they are found to be in violation of local leash laws or other local ordinances. For example, if an owner is walking their dog without a leash (which is required by Washoe County Code) and their dog attacks another individual, the owner would be automatically responsible for the injuries sustained by the victim because they are in violation of county code. This is referred to as negligence per se and makes the owner automatically liable.
Misconception #3: This Rule Applies Only to Bites
Despite its name, the one bite rule applies to any injury caused by a dog. This can include scratches, tackling, or any other action that harms an individual.
Dangerous Dog Designation
Because the one bite rule bases liability on whether or not an owner knew their dog posed a danger, classifying a dog as dangerous plays a critical role in determining legal responsibility. Per ordinance 55.750, the Washoe County Code specifically outlines the determining factors that classify a dog as either dangerous or vicious. A dog is designated as dangerous if it:
- Has behaved menacingly (without provocation) twice within 18 months to a degree that a reasonable person would defend themselves or their animal
- Bit a person twice within 18 months (without provocation) while off the owner’s premises
- Seriously injured an animal without provocation while off the owner’s premises
- Has been declared dangerous by law enforcement if used in the commission of a crime by the owner.
Once a dog has been designated as dangerous, owners are at more risk to be found liable for negligence in a dog bite lawsuit. While it’s not illegal to own a dangerous dog, owners must comply with strict legal requirements designed to protect the public from future incidents. These legal requirements include:
- Posting a warning sign on the owner’s property that is clearly visible
- Proving the dog is securely confined to the owner’s property
- Having liability insurance of at least $150,000 per dog
- Paying an annual fee to register the dog as dangerous
- Microchipping the dog
- Spaying or Neutering
Vicious Dog Designation
There is also certain criteria required for a dog to be designated as vicious. This is reserved for dogs that have already been declared dangerous and continue to display violent behavior. According to Washoe County, a dog is considered vicious if they:
- Have killed or substantially harmed a person without provocation
- Have killed an animal without provocation outside of owner’s property
- Continue demonstrating aggressive behavior after being declared dangerous
In Nevada, it is not legal to keep or sell a vicious dog. Owners of dangerous dogs must adhere to specific legal requirements or be subject to penalties. Failing to meet these responsibilities would be considered negligent (negligence per se) in a dog bite lawsuit. In such cases, the one bite rule no longer applies, as the owner is considered to have prior knowledge of the dog’s aggressive tendencies.
Proving Owner Negligence In a Dog Bite Lawsuit
If you’re the victim of an attack whether it’s from a dog with a history of aggression or not, recovering damages in a dog bite lawsuit hinges on proving the negligence of the owner.
To establish negligence in court or during settlement negotiations, a dog bite attorney will work to prove several key elements:
Duty of Care: An attorney must prove that the owner had a legal responsibility to control or restrain the dog in a way that prevented harm to others.
Breach of Duty: Next, there must be evidence that the owner failed to act responsibly such as ignoring leash laws, allowing the dog to roam, or not securing the property.
Causation: Once duty of care and breach of duty are established, there must be evidence demonstrating that the owner’s failure to act led directly to the injury. For example, a dog escaped through a broken gate and attacked someone walking by.
Damages: The victim suffered measurable harm such as physical injuries, medical expenses, emotional trauma, or lost income, as a result of the bite.
A dog bite injury lawyer will use various forms of evidence to substantiate your claim and prove that an owner acted negligently. This can include: witness statements, video footage, photographic evidence of the scene, injury, or property damage, and reports from the police or animal control documenting the behavior or prior incidents.
But pursuing legal action is only one side of the equation. The best case scenario is total prevention of dog attacks, and that starts with responsible dog ownership and awareness of how to safely interact with dogs.
Responsible Dog Ownership and How to Prevent Dog Bites
Whether you own a dog or not, maintaining a safe environment involves proactive effort. Neglecting basic precautions can lead to serious injuries and legal consequences. That’s why both pet owners and bystanders have an important role to play. While dog owners have a legal and ethical duty to manage their pets, those without pets can also take smart steps to reduce risk. By following a few practical safety tips listed below everyone can help create a safe environment.
- Start early with obedience training. Commands like “sit” and “stay” give you better control of your dog in unpredictable situations.
- Socialize your dog early. By gradually exposing them to new people and environments, you can help them become less reactive.
- Always use a leash in areas where dogs must be restrained.
- Make sure that your home and yard are properly secured to prevent accidental escapes.
- Discourage rough or aggressive play.
- Never provoke or tease dogs.
- Supervise all interactions with children, especially young children.
- Be vigilant of body language. Recognizing warning signs that a dog may be uncomfortable, scared, or agitated can prevent a serious injury. Look out for raised hackles, a tucked tail, bared teeth, or stiff body posture.
- Do not assume all dogs are friendly, and do not pet or approach an unfamiliar dog without the permission of the owner. Respecting these boundaries can prevent serious injuries.
What to Do After a Dog Bite Accident
If you’ve been bitten by a dog, your actions in the moments and days that follow can have a major impact on your ability to recover compensation in a dog bite lawsuit. Be sure to follow these steps to protect your well-being and preserve your legal rights.
- Seek Immediate Medical Attention
Even if the wound seems minor, dog bites can lead to serious complications, including infections, nerve damage, or even rabies. Prompt medical care ensures proper treatment and creates a medical record linking the injury directly to the incident. This is critical evidence in a potential lawsuit. - Document the Injury
Remember to take clear, time-stamped photos of the bite, the location where it occurred, and any torn clothing or blood. Over the next few days, continue to photograph the healing process. Be sure to write down everything you remember about the incident such as the time, place, what the dog looked like, and how the owner responded. - Report the Bite to Local Animal Control
Contact your local animal control agency, such as Washoe County Regional Animal Services, to file an official report. They’ll investigate and document the incident. This step creates a public safety record, which may help uncover previous complaints against the same dog or owner. - Identify the Dog and Owner
If you can, try to obtain the name, address, and phone number of the dog owner. If they are uncooperative or leave the scene, write down a description of the dog, any license tag numbers, and take photos if possible. Witnesses are also an invaluable source. If possible, get the contact information of anyone that witnessed the attack. - Contact a Dog Bite Injury Lawyer
Navigating Nevada’s one bite rule and proving negligence can be legally complex. A seasoned dog bite attorney from Friedman & Throop Law Office can evaluate your case, deal with insurance adjusters, and help you pursue full compensation for medical bills, pain and suffering, lost wages, and more. The sooner you get legal help, the better your chances of building a strong case.
Schedule a Free Consultation With Friedman & Throop
Whether you’re a dog owner or the victim of a bite, understanding Nevada’s one bite rule, local ordinances, and the responsibilities tied to dog ownership is important. Liability often hinges not just on what happened, but on what could have been prevented. By staying informed and taking proactive steps, you can reduce the risk of injury and protect your legal rights. If you or a loved one has been injured by a dog, you don’t have to navigate the legal system alone. Contact Friedman & Throop Law Office today at (775) 322-6500 for a free consultation. Our experienced dog bite attorneys will evaluate your case, explain your rights, and help you take the next steps toward healing and financial recovery.
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