Unlike many other states, Nevada does not have a statewide “dog bite statute.” However, under Nevada's dog bite laws, on owner whose dog bites a third party faces civil liability for a lawsuit when:
- The dog has previously bitten someone (Nevada's “one bite” rule);
- The dog has been classified by animal control as a “dangerous” or “vicious” dog;
- The owner was negligent; or
- The owner was in violation of a municipal statute regarding dog ownership (“negligence per se” in Nevada).
If a dog or owner fits into one of these categories, a dog bite victim may be entitled to recover compensatory damages from the dog's owner or keeper. Such damages may include medical bills, lost wages, pain and suffering and even punitive damages or wrongful death damages when a dog kills someone.
Owners of vicious dogs also face fines and possible jail time under Nevada's criminal dog bite laws.
To help you better understand Nevada's laws on dogs who bite, our Las Vegas personal injury lawyers discuss the following, below:
- 1. When can an owner be sued for violating dog bite laws in Nevada?
- 1.1. The "One Bite" Rule in Nevada
- 1.2. "Dangerous" Dogs in Nevada
- 1.3. “Vicious” Dogs in Nevada
- 1.4. Negligence and Nevada Dog Bite Laws
- 1.5. Negligence "Per Se" and Nevada Dog Bite Laws
- 1.6. Are dogs allowed on the Las Vegas strip?
- 2. Nevada's criminal dog bite laws
- 2.1. Definition of a “dangerous dog” under Nevada's criminal code
- 2.2. Definition of a “vicious dog” under Nevada's criminal code
- 2.3. Exceptions to definition of dangerous or vicious dog under Nevada criminal law
- 2.4. Criminal penalties for keeping or selling a vicious dog in Nevada
- 2.5. Defenses to Nevada criminal dog bite charges
You may also wish to review our article on “Dog Bite Lawsuits in Nevada," written by our Nevada dog bite lawyers.
In some states, dog owners are liable for damages whenever their dogs bite someone and cause an injury. But there is no strict liability under Nevada law for dog bites.
In Nevada, a dog owner is not responsible to pay damages to a dog bite victim unless the dog is considered a "dangerous" or "vicious" dog or the owner is negligent.
Let's take a closer look at each of the situations that can give rise to liability for dog bites in Nevada.
Nevada dog owners are are not automatically liable if their dog bites someone and has never bitten before. However, once a dog has bitten someone in Las Vegas even a single time, the dog is considered either a "dangerous" or a "vicious" dog.
The distinction is important. The dog's classification determines the owner's liability for future dog bites and possible criminal prosecution.
Most Nevada cities and counties impose a legal duty to report dog bites to their city or county Health Officer or Animal Control Officer and to provide all pertinent information requested by them.
This duty applies to both dog owners and to people who are bitten. Municipalities that require this include (without limitation):
- The city of Las Vegas;1
- The city of Henderson;2 and
- Clark County unincorporated areas.3
Dog regulations within the city of North Las Vegas tend to be slightly less restrictive. However, regardless of where you live, it is highly recommended that you review dog regulations for your Nevada city or county.
Clark County's online library of municipal regulations contain rules relating to dog ownership in every municipality within Clark County.
According to Nevada law, a dangerous dog is one that has behaved menacingly toward people:
- Twice in 18 months, and
- Without being provoked by pain or torment, and
- When the dog is off-leash or “at large.”
It is not necessarily against the law to keep a “dangerous dog” in Clark County or Las Vegas. However, owners and keepers of dangerous dogs must comply with both Nevada and municipal laws and regulations regarding dangerous dogs. These usually include (without limitation):
- Obtaining a permit for the dog from the Animal Regulation Officer,
- Keeping the dog securely enclosed on the owner's private property and posting conspicuous warning signs containing the name and telephone number of the dog's owner;
- When the dog is off-property, keeping the dog muzzled and leashed and under secure control;
- Spaying or neutering the dog,
- Obtaining a microchip for the dog,
- Maintaining a policy of liability insurance for the dog in an amount of not less than $50,000; and
- Obtaining prior written approval from an Animal Control Officer before selling, relocating or giving the dog away.4
Failure to comply with these regulations is punishable as a misdemeanor. More importantly, it could make an owner negligent “per se” for a dog bite under Nevada law. This could result in the owner or keeper being sued for damages in a Nevada dog bite lawsuit.
Nevada municipal regulations define “vicious dogs” as dogs that either:
- Have continued to behave menacingly after being classified as “dangerous"; or
- Have caused substantial bodily harm or death to a human being.
Once a dog has been designated as vicious, it is no longer legal in Nevada for its owner to keep or even give the dog away. Keeping or selling a vicious dog could subject the owner to both a lawsuit for damages and to penalties under Nevada's criminal dog bite laws (as discussed below).
If you or someone in your family has been bitten by a vicious dog in Nevada it is important to speak promptly to an experienced Nevada dog bite lawyer.
Our Las Vegas dog bite lawyers offer free consultations to help you determine when an owner is responsible for your dog bite injuries in Nevada.
Despite Nevada's “one bite” rule, dog owners might have to pay up if they acted with negligence. Negligence can be found where a dog owner fails to take reasonable precautions given the situation.
For example, letting a new dog with powerful jaws play unsupervised with a small child might be negligent. If a dog owner is negligent it does not matter that the dog has never bitten anyone.
Whether a dog owner has been negligent is normally a question for the finder of fact – either the jury or in a bench trial, the judge. However, under certain circumstances, a Nevada dog owner may be liable under Nevada's negligence “per se” law.
Under Nevada's "negligence per se" laws, dog owners are automatically considered negligent when their dog bites someone while the owner was in violation of state or local animal control laws.
For instance, in Las Vegas, Henderson and unincorporated areas of Clark County dogs must be kept securely on the owner's property by a fence, cage, coop, chain, leash or other adequate means.5
This means that if you were bitten by an off-leash dog on a public street or sidewalk, the dog owner may be liable even if the dog has never bitten anyone before.
Clark County sets strict limits on dogs on the Las Vegas strip. Specifically, the area in which dogs are restricted is:
- Las Vegas Boulevard South from Sahara Avenue in the north to Sunset Road in the south, and
- On either side of this section of Las Vegas Boulevard South for a distance of two hundred yards.6
Law enforcement dogs and service dogs (as defined by the federal Americans with Disabilities Act) are exempt from the restrictions. Other dogs are permitted within the restricted area solely between 5:00 a.m. and 12:00 noon each day, provided they are on a leash or other restraint not exceeding three feet in length.
It is not a crime to keep a dangerous dog in Nevada. However, once a dog has been designated dangerous, it is at higher risk of being designated as “vicious.”
NRS 202.500, Nevada's criminal dog bite law, makes it a crime to keep, sell or give away a vicious dog in Nevada.
NRS 202.500 defines a dangerous dog as one that, without provocation, on two separate occasions within 18 months, behaves menacingly, to a degree that would lead a reasonable person to defend himself or herself against substantial bodily harm, when the dog was:
- Off the premises of its owner or keeper, or
- Not confined in a cage, pen or vehicle.
A dog may also be declared dangerous under Nevada law or by a local Animal Regulation Officer if it constitutes a physical threat to human beings or to other animals and, without regard to any previous behavior:
- The dog is used in the commission of a crime by its owner or keeper;
- While either at large or restrained, the dog causes serious injury or death to another animal that is not at large; or
- The dog exhibits a condition or behavior which causes the Animal Regulation Officer to believe the animal is a threat to public safety.7
NRS 202.500 (c) defines a dog as “vicious” if:
- Without being provoked, it kills or inflicts substantial bodily harm upon a human being; or
- After its owner or keeper has been notified by a law enforcement agency that the dog is dangerous, the dog continues the behavior that got it designated as “dangerous.”
A dog may not be declared dangerous or vicious:
- Based solely on the breed of the dog; or
- Because the dog was defending itself or its owner or keeper against:
- A person who was committing or attempting to commit a crime against the owner or keeper,
- A person or other animal unlawfully upon the owner's premises;
- A person or animal that provoked the dog, or
- Another animal which was running at large or was otherwise in violation of animal regulations.
Under NRS 202.500 (4), a person is guilty of a misdemeanor if he or she knowingly:
- Owns or keeps a vicious dog for more than 7 days after the person has actual notice that the dog is vicious; or
- Transfers ownership of a vicious dog after the person has actual notice that the dog is vicious.
Consequences of a conviction for keeping or transferring a vicious dog in Nevada can include:
- Up to 6 months in the county jail, and/or
- A fine of up to $1,000.8
And if substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper may be charged with a Nevada category D felony.
Punishment for a category D dog bite felony in Nevada can include:
- 1-4 years in Nevada state prison, and/or
- A fine of up to $5,000.9
In addition, a judge may order that the dog be humanely destroyed.10 Note that an owner who trains a dog for -- or otherwise engages in -- dogfighting in Nevada faces prosecution as well.
There are many possible defenses to charges of keeping, selling or giving away a vicious dog under NRS 202.500. Common defenses include (but are not limited to):
- Self-defense. Similar to people, dogs may injure or kill out of reasonable self-defense in Nevada. If a defense attorney can show that the dog's actions were in response to someone provoking it with physical pain or torment, then the owner should not be criminally liable for the substantial bodily harm the dog caused.
- Lack of evidence. In all criminal cases the prosecution bears the burden to prove the defendant's guilt beyond a reasonable doubt. If a defense attorney can show that the state's evidence is unreliable or insufficient, then the case may be dismissed for lack of proof.
- Lack of notice. Unless a dog owner knows (or should have known) that his/her dog was vicious, then he/she committed no crime by keeping the dog or transferring the dog to someone else. So if a defense attorney can show that the dog owner was truly unaware that the dog was vicious, then vicious dog charges cannot stand.
Bitten by a dog in Nevada? Call us for help…
If you or someone you know has been attacked by a dog in Nevada, we invite you to contact us for a free consultation at 702-DEFENSE (702-333-3673) or by filling out the form on this page.
Our experienced Las Vegas dog bite lawyers can help you determine who is responsible and how much compensation you can recover under Nevada's dog bite laws.
And if you've been charged with a violation of Nevada's dog bite laws, our Las Vegas criminal defense attorneys can advise how best to stay out of jail and retain custody of your dog.
- Las Vegas Municipal Code 7.24.020.
- Henderson Municipal Code 7.50.020 (A).
- Clark Country Municipal Code 10.28.020.
- See, e.g., Las Vegas Municipal Code 7.16.010.
- Las Vegas Municipal Code 7.36.050; Clark County Municipal Code 10.36.040; Henderson Municipal Code 7.08.020.
- Clark County Municipal Code 10.39.010.
- NRS 202.500 (2). See also, e.g., Las Vegas Municipal Code 7.16.010 (2).
- NRS 193.150.
- NRS 193.130.
- NRS 202.500 (5).