Battle Born Injury Lawyers has represented dog bite victims across Nevada as part of more than 85 combined years of injury practice. Our attorneys previously defended insurance companies, including homeowners and renters insurers that typically pay dog-bite claims. That background has helped our firm recover more than $100 million for injured clients.
Nevada dog bite law does not follow a strict liability rule. Nevada has no statute that makes an owner automatically responsible every time a dog bites. Instead, most claims are evaluated under general negligence principles, in which the owner's knowledge of a dog's dangerous tendencies is important evidence but not always the only basis for recovery.
Does Nevada Follow a Strict Liability or "One Bite" Rule for Dog Bites?
No, Nevada does not follow a pure strict liability rule nor a pure "one bite" rule for dog bites.
States generally handle dog-bite liability in one of three ways, and understanding the differences helps explain why Nevada claims often turn on specific facts. The three common approaches are:
- Strict liability: Some states have statutes making an owner liable for nearly any bite, regardless of the dog's history or the owner's care. Nevada has not adopted this type of civil statute.
- The "one bite" rule (scienter): Under this traditional common-law approach, an owner is liable if the owner knew or should have known that the dog had dangerous propensities.
- Negligence: An owner may be liable for failing to use reasonable care to control the dog, whether or not the dog has bitten before.
Nevada claims typically proceed on a negligence theory, with evidence of the owner's knowledge playing a supporting role. In Harry v. Smith, 111 Nev. 528, 893 P.2d 372 (1995), the Nevada Supreme Court applied general tort principles to a dog bite claim rather than a special strict liability rule.
What Do You Need to Prove in a Nevada Dog Bite Claim?
A Nevada dog bite claim requires proof of four elements of negligence. Each element may involve different evidence, such as witness statements and medical records.
| Element | What the Injured Person Must Show | Common Types of Evidence |
|---|---|---|
| Duty | The owner or keeper was responsible for controlling the dog | Ownership records, licensing and vaccination records, statements showing who was caring for the dog |
| Breach | The owner or keeper failed to use reasonable care | Leash law or ordinance violations, open gates or broken fencing, prior complaints, animal control reports |
| Causation | The owner's failure to use reasonable care led to the bite and resulting injuries | Witness statements, photographs or video of the scene, emergency room records |
| Damages | The bite caused real, measurable losses | Medical bills, photographs of injuries and scarring, lost wage documentation, counseling records |
Negligence per se may help establish a breach. When a safety law is designed to protect the public, and an owner violates it, that violation may serve as evidence of negligence. Safety laws that may support a negligence per se argument in a Nevada dog bite claim include:
- NRS 575.020: NRS 575.020 makes it a misdemeanor for a person caring for an animal known to have vicious or dangerous tendencies to let it escape or run at large where it may endanger others.
- Local leash and animal control ordinances: Rules adopted in Clark County, Las Vegas, Henderson, Reno, and Washoe County may also apply, depending on where the bite occurred.
Timing matters as well. Most dog bite injury claims must be filed within 2 years of the bite under NRS 11.190(4)(e). Evidence that can fade quickly, and may be worth gathering early, includes:
- Animal control reports documenting the bite and any prior complaints about the dog
- Neighbor and witness accounts describing the incident or the dog's past behavior
- Photographs of the injuries, the scene, and any open gates, broken fencing, or missing leashes
Can a Dog Owner Be Liable Even If the Dog Never Bit Anyone Before?
A dog owner in Nevada can be liable even without a previous bite history. Liability is based on negligence, not a strict "one free bite" rule. The critical factor is whether the owner acted as a reasonable person would have.
Examples of conduct that may support a negligence claim include:
- Leaving a gate open or a fence in disrepair
- Walking a dog off-leash where a local ordinance requires a leash
- Ignoring growling, lunging, or other warning signs
- Leaving a large or excitable dog unsupervised around children or guests
A prior history can still significantly strengthen a claim. Under NRS 202.500, Nevada recognizes two designations that may affect a dog bite claim:
- Dangerous dog: A dog may be declared "dangerous" if, without provocation, it behaves menacingly on two separate occasions within 18 months.
- Vicious dog: A dog may be declared "vicious" if it kills or inflicts substantial bodily harm without provocation.
- Criminal exposure: If substantial bodily harm results from an attack by a dog known to be vicious, the owner may face a category D felony.
- Civil impact: A prior designation can be powerful evidence in a civil case.
What Defenses Can a Dog Owner Raise in Nevada?
Dog owners in Nevada can raise several defenses, and the strength of each depends on the facts. Insurance companies commonly investigate the injured person's conduct as closely as the dog's.
Defenses that may arise in a Nevada dog bite claim include:
- Comparative fault: Under NRS 41.141, an injured person's recovery may be reduced by their percentage of fault and barred entirely if their fault exceeds that of the defendants.
- Provocation: Owners often argue that the injured person hit, teased, or startled the dog. NRS 202.500 also provides that a dog may not be declared dangerous or vicious for a defensive act against someone who provoked it.
- Trespass: A person on property without permission may face a weaker claim, and NRS 41.515 limits a property owner's liability to trespassers, subject to exceptions.
- Assumption of risk: People who work with animals, such as veterinary staff or kennel workers, may face arguments that they accepted certain risks.
- Lack of notice: An owner may argue that there was no reason to anticipate aggressive behavior.
These defenses are not always successful. A claim of provocation, for example, may not hold up if a child simply approached a dog or a visitor was bitten while lawfully entering a home—careful investigation of what happened before the bite is often essential.
Who Is Liable If the Dog Belongs to a Renter, Guest, or Business?
Dog Owners and Keepers
Dog owners and keepers are typically the first parties examined in a Nevada dog bite claim. Parties who may qualify include:
- The legal owner of the dog
- A keeper caring for the dog, such as a dog sitter or relative, who may share responsibility even without owning the animal
Landlords
Landlords are generally not liable simply because they own the property. Key Nevada Supreme Court decisions include:
- Wright v. Schum, 105 Nev. 611, 781 P.2d 1142 (1989): The Court held that a landlord could not be held liable merely because of landlord status for injuries caused by a tenant's dog off the premises.
- Assumed duty exception: In the same case, the Court recognized that a landlord who affirmatively assumes a duty to protect others from a tenant's dangerous dog may face liability.
- Harry v. Smith: The Court allowed a claim to proceed despite a dispute over the relationship between the property owners and the dog's keeper.
Businesses and Employers
Businesses follow similar principles, with liability generally turning on whether a duty or agency relationship existed. Relevant considerations include:
- PetSmart, Inc. v. Eighth Judicial District Court, 137 Nev. Adv. Op. 75 (2021): In this decision, the Court held that a pet store that hosted an independent rescue group's adoption event owed no duty to a person later bitten, because the store neither assumed a duty of care nor had an agency relationship with the rescue.
- Employer liability: Employers may be vicariously liable when an employee handles a dog within the scope of their job.
We’re Here to Help. Contact Battle Born Injury Lawyers for Dog Bite Claims in Nevada.
Dog bite claims often involve serious scarring, infections, and emotional trauma, especially for children. Our attorneys have helped shape Nevada law through legislative service, and several of our litigators hold the AV Preeminent rating. Clients across the state have left our firm more than 360 five-star Google reviews.
When you work with Battle Born, one attorney handles your case from start to finish, and you can call, text, or meet with that attorney directly. Our team of dog bite attorneys are available 24/7 and serves clients from offices in Las Vegas, Henderson, and Reno. If a dog bit you or your child, contact Battle Born Injury Lawyers today for a free case evaluation.
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Every case is different and should be evaluated individually, as the law in this area is extremely nuanced. Past results do not guarantee future outcomes.
Sources
- NRS 202.500: Dangerous or Vicious Dogs, Nevada Legislature
- NRS 575.020: Allowing Vicious Animal to Escape or Run at Large, Nevada Legislature
- NRS Chapter 41: Actions and Proceedings in Particular Cases Concerning Persons, Nevada Legislature
- NRS 11.190: Periods of Limitation, Nevada Legislature
- PetSmart, Inc. v. Dist. Ct. (Todd), 137 Nev. Adv. Op. 75 (Dec. 9, 2021), UNLV Boyd School of Law Scholarly Commons
- Wright v. Schum, 105 Nev. 611, 781 P.2d 1142 (1989)
- Harry v. Smith, 111 Nev. 528, 893 P.2d 372 (1995)
