What is Legally Considered a “Vicious Dog”?

Every level of government throughout the nation strives to maintain a safe society. City, county, and state laws provide a behavioral guide, and these laws allow authorities to take action when a safety threat is identified. Some of these laws apply to pets. 

While Americans favor dogs when choosing pets, some can pose a safety threat. Dog attacks can inflict physical and psychological scars, and some dog attacks are fatal. 

Some cities declare specific dog breeds “vicious” and prohibit ownership of those breeds. Breed-specific laws often target Pit Bulls. Dog bite statistics demonstrate that Pit Bulls accounted for more than half of all dog attack deaths in the U.S. from 2005 to 2010. Consequently, Miami, FL, and Maryland’s Prince George’s County banned Pit Bulls. 

Nevada residents can avoid fines and penalties by familiarizing themselves with municipal and state laws before choosing their next dog.

What is the dog breed discrimination ban in Nevada?

Nevada enacted SB 103, a dog breed discrimination ban, in 2021. This law allows dog owners to no longer fear losing their insurance coverage or facing significant insurance premium increases because of their dog’s breed. This law recognizes that individual dogs may demonstrate behavioral issues but that no breed, as a whole, is considered vicious.

Although SB 103 prevents insurance companies from treating clients differently based on their dogs’ breed, city and county ordinances can restrict dog owners by limiting the number of dogs of a specific breed that they can own. Ordinances also provide grounds for identifying vicious dogs.

What does it mean if an animal is classified as vicious?

Despite Nevada’s prohibition of breed-specific discrimination, individual dogs can be classified as vicious. Vicious dogs are dogs whose behavior demonstrates they aren’t safe in society. These dogs pose an unreasonable risk to people and other animals. 

Suppose a dog bites someone in Las Vegas. A week later, the dog bites another person. Both victims suffer dog bite injuries requiring medical treatment. In that case, city ordinance 7.04.215 may apply. This city law allows Las Vegas’s Animal Regulation Officer to determine if the dog meets the criteria to be declared a vicious dog.

Vicious dogs must pose a threat to people or other animals twice within 18 months or aid someone in committing a violent crime. However, NRS 202.500 specifies that the vicious dog declaration must involve dogs that attack unprovoked and protect dogs that act in self-defense.

Dog owners who keep dogs declared vicious can face charges and penalties. NRS 202.500 allows authorities to have vicious dogs euthanized. 

When are dog owners liable for bites? 

While some states require dogs to have a prior history of biting people before their owner is liable for damages, Nevada does not have a one-bite law. The one-bite law requires claimants to prove that the dog had a history of biting and that the owner knew about the dog’s behavior before the attack. Consequently, Nevada dog owners may be liable for a dog bite the first time their dog bites someone. Failing to stop or prevent the attack or violating other dog laws, such as allowing a dog off leash in an area that requires leashes, can be used to establish liability.

How much can I get from a dog bite lawsuit? 

Dog bite victims can seek damages after a dog bite — Nevada dog bite cases average compensation of $44,904 per claim. 

Types of damages 

Dog bite victims can seek monetary and non-monetary damages.

Monetary or economic damages compensate for actual costs stemming from the dog attack. These damages include the following:

• Childcare costs: A dog attack victim may need to pay for childcare while receiving medical care or recovering from injuries
• Loss of income: Dog bite victims can seek reimbursement for lost wages if they have to take time off work because of a dog bite
• Medical bills: The dog’s owner could be liable for the costs of medical tests, treatments, and medications
• Transportation costs: A dog bite victim can seek compensation for transportation costs if they cannot transport themselves because of their injuries

Suppose a person dies from a dog attack. In that case, their family members can file a claim against the dog’s owner and seek compensation for funeral and burial costs.

Non-monetary or non-economic damages compensate dog bite victims for the personal and emotional impact of the attack. Non-monetary damages can include the following:

• Loss of intimacy: Non-monetary damages can include compensation for how the victim’s injuries impact their relationship with their spouse
• Mental health issues: Victims may seek compensation for struggles with anxiety, depression, or post-traumatic stress disorder (PTSD) after an attack
• Pain and suffering: Victims of dog attacks can ask for compensation for the pain they’ve endured and suffering from their attack

Some dog attack victims can seek punitive damages if they can demonstrate that the dog’s owner was guilty of gross negligence, which means they knew an attack was highly likely and did nothing to prevent it.

How do I know if I have a legal case?

Since city and county ordinances can impact liability for dog bites, talking to a personal injury lawyer about your dog bite case is crucial. A dog bite attorney can clarify whether you have grounds to file a claim.

How a dog bite attorney can help

Suppose you can’t prevent a dog attack and become a dog bite victim. In that case, you should consult a dog bite injury attorney. The dog bite attorneys with our law firm have years of experience, and we’ll use our expertise to investigate your case and justify your claim. We’ll help you identify all the damages you can claim, ensuring you fight for the total compensation available, and we’ll negotiate with the defendant until we get you the justice you deserve.

Sources:

Cirjak, A. (2020). The Most Popular Animals Owned As Pets In The US. 

Hickock, M. et al. (2023). San Antonia couple indicted in connection with fatal dog attack. 

Lee-Smith, M. (2021). What States Allow Pit Bulls?

SB 103. (2023).

2010 Nevada Code TITLE 15 CRIMES AND PUNISHMENTS Chapter 202 Crimes Against Public Health and Safety NRS 202.500 Dangerous or vicious dogs: Unlawful acts; penalties. (2023).