How Dog Bite Claims Differ When the Attack Happens on Public v. Private Property in Las Vegas
Dog bite injuries can have serious physical and emotional consequences, and in Nevada, victims have the right to seek compensation for their damages. However, the circumstances of the attack—including whether it occurred on public or private property—can affect how a claim is handled. At Mainor Ellis, our Las Vegas Dog Bite Injury Lawyers understand the complexities of dog bite claims and how property location impacts liability and legal strategies. Here’s what you need to know about pursuing compensation after a dog bite on public vs. private property in Las Vegas.
Dog Bite Liability on Public Property
When a dog bite occurs on public property—such as a park, sidewalk, or other public space—liability typically falls on the dog’s owner or handler. Nevada does not have a strict liability dog bite law, meaning that dog owners are not automatically held liable for injuries caused by their dog. Instead, Nevada follows a variation of the “one bite rule.” This rule suggests that if a dog has never shown aggression or bitten someone before, the owner may not be held responsible for the first bite unless they were negligent.
In public property cases, proving negligence is often key to a successful claim. To establish negligence, the victim must show that the dog’s owner failed to take reasonable steps to control their pet, such as using a leash, keeping the dog in a fenced area, or warning others about the dog’s aggressive tendencies. Evidence such as witness statements, video footage, and prior complaints about the dog’s behavior can help build a strong case.
Additionally, Las Vegas city and Clark County ordinances require dogs to be on a leash in public areas, unless in a designated off-leash zone. If a dog was off-leash when the attack occurred, this could support a claim of negligence.
Dog Bite Liability on Private Property
Dog bite claims that occur on private property, such as at the dog owner’s home, present different challenges. In these cases, visitors who are lawfully on the property—whether invited or there for legitimate reasons like delivery workers—are generally owed a duty of care by the property owner. If the dog bites someone who is legally on the property, the owner may be liable for failing to prevent the attack.
However, if the victim was trespassing, the legal landscape changes. Nevada law typically limits the liability of dog owners in cases where the victim was unlawfully on the property. A dog owner is not responsible for injuries caused to a trespasser unless the dog was kept as a “vicious” animal and the owner failed to take appropriate precautions.
It’s important to note that homeowners’ insurance often covers dog bite claims that occur on private property. Victims may file a claim against the dog owner’s insurance to recover compensation for medical bills, lost wages, and pain and suffering. However, insurance companies may attempt to minimize payouts, making it critical to work with an experienced attorney who can negotiate on your behalf.
Legal Strategies for Dog Bite Claims in Las Vegas
If you’ve been injured by a dog in Las Vegas, our experienced personal injury attorneys are here to help you navigate the legal process and pursue the compensation you deserve. Contact Mainor Ellis today for a consultation and learn how we can advocate for your rights in a dog bite claim, no matter where the attack occurred.