Nevada Dog Bite Laws – A Quick Legal Breakdown

When it comes to dog bites, Nevada applies the one-bite rule. This means that to bring a successful lawsuit, you would have to show that the dog had a previous history of aggression of which the owner should have been aware.

Five key things to know about Nevada dog bite laws are:

To help you better understand the law, our Las Vegas dog bite lawyers discuss the following, below:

• 1. Dog bite lawsuits in Nevada
  • 1.1. “One bite” rule
  • 1.2. “Dangerous dogs”
  • 1.3. “Vicious dogs”
  • 1.4. When dog bites are negligence
  • 1.5. When dog bites are negligence per se
  • 1.6. If you were partly to blame
  • 1.7. Dog bite damages
  • 1.8. Statute of limitations
  • 1.9. Dogs on the Las Vegas Strip
• 2. Dog bites as a Nevada crime
  • 2.1. “Dangerous dogs”
  • 2.2. “Vicious dogs”
  • 2.3. Dogs not dangerous or vicious
  • 2.4. Penalties for keeping/selling a vicious dog
  • 2.5. Defenses to criminal charges
• Additional resources

1. Dog bite lawsuits in Nevada

1.1. “One bite” rule

Nevada owners 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 “dangerous” or “vicious.”

The distinction between dangerous and vicious is important. As discussed below, the dog’s classification determines the owner’s liability for future bites and possible criminal prosecution.

Note that Nevada law generally requires that dog bites be reported to the local Health Officer or Animal Control Officer.¹ This duty applies both to owners and to people who are bitten.² Animal Control must then quarantine the dog for 10 days to check it for rabies.³

1.2. “Dangerous dogs”

According to Nevada law, a dangerous dog is one that has behaved menacingly toward people:

1. Twice in 18 months, and
2. Without being provoked by pain or torment, and
3. 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 state and municipal laws and regulations regarding dangerous dogs. These usually include (without limitation):

• Obtaining a permit from the Animal Regulation Officer,
• Keeping the pet securely enclosed on the owner’s private property and posting conspicuous warning signs containing the name and telephone number of the owner;
• When the animal is off-property, keeping it muzzled and leashed and under secure control;
• Spaying or neutering the animal,
• Obtaining a microchip for the animal,
• Maintaining a policy of liability insurance for the animal 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 animal away.⁴

Failure to comply with these regulations is punishable as a misdemeanor. It could also make an owner vulnerable to a negligent “per se” lawsuit (discussed below).

1.3. “Vicious dogs”

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 a vicious animal, 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 (as discussed below).

1.4. When dog bites are negligence

Despite Nevada’s “one bite” rule, owners might have to pay up if they acted with negligence. Negligence can be found where an 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 an owner is negligent it does not matter that the animal has never bitten anyone.

An owner can also be found negligent if there were clear signs their dog was going to attack, and they did not do enough to stop it. Common indicators that a dog might bite include:

• baring its teeth
• growling
• wagging its tail in a stiff way
• looking right at you
• perking its ears up
• spreading its legs and projecting its chest

Whether an owner in bite cases 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, an owner may be liable under negligence “per se” law.

1.5. When dog bites are negligence per se

Under Nevada’s “negligence per se” laws, dog owners are automatically considered negligent when their dog attacks 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 owner may be liable even if the animal has never bitten anyone before.

1.6. If you were partly to blame

Even if you were partly to blame for getting bitten (such as by goading on the dog), you may still be able to sue and recover damages. Under Nevada’s modified comparative law, you are eligible for damages as long as you were no more than 50% at fault.

Then your final damages award will be reduced in proportion to your fault. So if you were 25% at fault for your dog bite, you would receive 25% less than what you would have received had you been blameless.

1.7. Dog bite damages

Dog bite lawsuits seek compensatory damages, which is money that covers all of your out-of-pocket costs. This includes money for:

• medical bills,
• lost wages,
• loss of future earnings,
• pain and suffering, and
• scarring and disfigurement.

If the dog owner acted maliciously, the court may also award you punitive damages.

1.8 Statute of limitations

If you are bitten by a dog in Nevada, you have two years after the bite to bring a personal injury lawsuit. If you wait too late to file, the court will dismiss your case.

1.9 Dogs on the Las Vegas Strip

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.

2. Dog bites as a Nevada crime

2.1. “Dangerous dog”

It is not a crime to keep a dangerous dog in Nevada. However, once an animal has been designated dangerous, it is at higher risk of being designated as “vicious.” (As discussed below, keeping a vicious dog is a crime.)

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 animal 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 animal is used in the commission of a crime by its owner or keeper;
• While either at large or restrained, the animal causes serious injury or death to another animal that is not at large; or
• The animal exhibits a condition or behavior which causes the Animal Regulation Officer to believe the animal is a threat to public safety.⁷

2.2. “Vicious dog”

NRS 202.500 (c) defines a dog as “vicious” in the state of Nevada 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 animal is dangerous, the animal continues the behavior that got it designated as “dangerous.”

2.3. Dogs not dangerous or vicious

A dog may not be declared dangerous or vicious:

• Based solely on the breed of the canine; or
• Because the animal 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 animal, or
  • Another animal that was running at large or was otherwise in violation of animal regulations.

2.4. Penalties for keeping/selling a vicious dog

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

If substantial bodily harm results from an attack by a dog known to be vicious, its owner or keeper may be charged with a category D felony, carrying:

• 1-4 years in Nevada state prison, and/or
• A fine of up to $5,000.⁹

In addition, the animal may be put in impound, and a judge may order that the animal be humanely destroyed.¹⁰ Note that an owner who trains a dog for — or otherwise engages in — dogfighting faces prosecution as well.

2.5. Defenses to criminal charges

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):

• The dog acted in self-defense. Similar to people, canines may injure or kill out of reasonable self-defense. If a defense attorney can show that the animal’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 animal caused.
• There is insufficient 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.
• The pet owner received no notice that their dog was vicious. Unless a pet owner knows (or should have known) that their dog was vicious, then they committed no crime by keeping the animal or transferring the animal to someone else. So if a defense attorney can show that the pet owner was truly unaware that the dog was vicious, then vicious dog charges cannot stand.

Additional resources

For more in-depth information on dog bites in personal injury law, refer to these scholarly articles:

• Damages in Dog-Bite and Other Animal-Related Litigation – Mid-Atlantic Journal on Law & Public Policy.
• Dogged Liability – Determining Liability in Dog Bite Cases – Ohio Law.
• Issues About Animal Behavior Relevant to Dog-Bite Statutes – JurisPro.
• Beware Friendly Dog: Who Is Liable? – Business Law Review.
• Recent Developments in Animal Tort and Insurance Law – Tort Trial & Insurance Practice Law Journal.

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