Many dog owners are simply not responsible. They do not adequately train or restrain their dogs, which can be a menace to the community. In the most tragic of circumstances, these dangerous dogs can get loose and maim and kill human beings. Recently, Maginnis Howard’s lawyers responded to a case like this.
On August 9, 2018, two dogs killed a 66-year-old resident of a Montgomery County subdivision. Oftentimes, the dogs involved in these attacks are pit bulls, and the victims are young children and the elderly. They cannot defend themselves against a large, vicious pit bull. If you’ve lost a loved one because of a dog owner’s negligence, our dog bites wrongful death attorneys may be able to help. Frequently, the nature of the attack is so vicious that it’s difficult for family members to participate in the case. But our attorneys can help ease the burden on your family as you seek justice for the loss of a loved one.
Insurance Coverage
Dog bite wrongful death claims in North Carolina are complex. As with any wrongful death case, an attorney evaluating a dog attack death must look at three primary issues. Firstly, one must address insurance coverage. This is because, in many cases, there simply is no insurance coverage to compensate the victim, and the irresponsible dog owner does not have any assets. The typical coverages that can be available include homeowners’ insurance coverage and renters’ coverage. A business policy may apply if a landlord is legally liable because he failed to remove a dangerous dog from his property.
Liability
The next issue our lawyers will evaluate is whether the dog’s owner is potentially liable. The law in North Carolina for dog bite cases is complex and evolving. While many websites purport to say what the law is on dog bites in North Carolina, the reality is complicated. Many resources describe North Carolina as a “one-bite” state – meaning there is no liability unless a dog has bitten someone previously. The first bite puts its owner on notice of its vicious propensity. However, Maginnis Howard has had success even under this traditional view of North Carolina law.
Many municipal codes in North Carolina heighten the duty of dog owners, and these can be used to show negligence. Similarly, many insurance companies will still pay these claims, especially if the dog is of a breed known to have a vicious propensity, such as a pit bull. We have had multiple six-figure settlements for injured North Carolinians where there was no evidence of a prior bite. If your loved one has suffered serious injury from a dog attack, you should consult an experienced dog bite litigation attorney.
Damages in Dog Bite Wrongful Death Claims
A wrongful death lawsuit can never bring back a loved family member. What it can do is force the negligent dog owner to compensate for the financial losses and emotional harms. According to N.C. Gen. Stat. § 28A-18.2, the damages recoverable in a North Carolina wrongful death lawsuit include compensation for the physical and emotional pain and suffering of the deceased, their medical expenses, and the funeral expenses. The “beneficiaries” of the Estate can also recover the expected “net income” of the deceased family member. Just as importantly, the “beneficiaries” can recover for the emotional and day-to-day loss caused by the family member’s death. The wrongful death statute indicates that the negligent party can have damages for the loss of the deceased’s “services, protection, care and assistance” and their “society, companionship, comfort, guidance, kindly offices and advice.”
Contact Us
The attorneys at Maginnis Howard have years of experience handling complex liability cases, including wrongful death dog bite claims. We represent the families of those wrongfully killed on a contingency fee basis – meaning that you owe no attorneys’ fees unless and until we make a recovery on your behalf.
If your loved one has lost their life because a dog owner failed to restrain their dog properly, Maginnis Howard’s experienced personal injury attorneys may be able to assist you in recovering compensation. Our firm has three conveniently located offices in Raleigh, Charlotte, and Fayetteville. For more information on the branches, visit our contact page. You may submit a private inquiry to our intake team, and we will respond as soon as possible.
