When it comes to dog bites, Nevada follows what is commonly known as the “one-bite rule.” This means that to bring a successful lawsuit, you would have to show that the animal had a previous history of aggression of which the owner should have been aware.
However, even if the dog has no history of biting people, you still may be able to sue the owner for negligence or negligence per se. In Nevada, the majority of dog bite lawsuits involve negligence claims.
To help you better understand the law, our Las Vegas dog bite lawyers discuss the following:
- 1. One Bite Rule
- 2. “Dangerous Dogs”
- 3. “Vicious Dogs”
- 4. Negligence Claims
- 5. Negligence Per Se
- 6. Premises Liability
- 7. If You Were Partly to Blame
- 8. Damages
- 9. Statute of Limitations
- 10. Dogs on the Las Vegas Strip
- 7 Things to Do After a Dog Bite
- Additional Resources
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 animal is considered either “dangerous” or “vicious.”
The distinction between dangerous and vicious is important. The dog’s classification determines the owner’s liability for future bites and possible criminal prosecution.
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 canine for 10 days to check it for rabies.3
Dog bite victims may be able to sue the owner for negligence.
2. “Dangerous Dogs”
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 animal 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.
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).
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 animal away. Keeping or selling a vicious dog could subject the owner to both
- a lawsuit for damages and
- penalties.4
4. Negligence Claims
Despite Nevada’s “one bite” rule, owners might have to pay up if they acted negligently. Negligence can be found when 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. It does not matter that the animal has never bitten anyone if its owner is negligent.
An owner can also be found negligent if there were clear signs their animal was going to attack, and they did not do enough to intervene. Common indicators that a canine 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.
5. Negligence Per Se
Under Nevada’s “negligence per se” laws, dog owners are automatically considered negligent when their animal attacks someone while the owner is 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 an off-leash dog bites you on a public street or sidewalk, the owner may be liable even if the animal has never bitten anyone before.
6. Premises Liability
If you are a landlord in Nevada, you do not have to investigate your tenants’ pets and are not automatically liable if they bite someone. In the event another person’s dog bites someone on your property, you should not be held liable unless you did something that enabled the bite. An example may be failing to repair a broken gate the permitted the animal to go onto your property.
If you or your tenant has a dog, it may be a good idea to post a “Beware of Dog” sign. This way, anyone who ventures onto your property knows that they may encounter an animal, and this relieves you of some liability should a bite occur.
7. If You Were Partly to Blame
Even if you were partly to blame for getting bitten (such as by goading 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 injury, you would receive 25% less than what you would have received had you been blameless.
8. 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 pet owner acted maliciously, the court may also award you punitive damages.
In many cases, the owner’s homeowner’s insurance will cover the damages.
9. 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.
10. 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.
7 Things To Do After a Dog Bite
- If you can, locate the owner of the animal. Let them know you were injured and obtain their contact information.
- Document your injuries, the animal, and the scene on your cell phone. For example, if the animal got through a broken fence, photograph that.
- Seek medical care right away, which may include getting a rabies vaccination. Then follow your doctor’s treatment plan, and go back if the wound gets infected.
- Submit a report to local animal control or the police.
- Keep all the records of your expenses associated with the dog bite, such as doctor’s bills, invoices, and receipts. If the injury caused you to miss work, also keep a pay stub or income statement to show what earnings you missed out on.
- DO NOT ADMIT FAULT. Even if you think you provoked the canine, you could be wrong. Let your attorney investigate the matter for you.
- Contact a personal injury attorney to fight for the largest settlement possible in your case.
Clark County dog bite laws require people to report dog bites to local Animal Control.
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.
Legal references:
- Clark Country Code 10.28.020. See also Las Vegas Municipal Code 7.24.020; Henderson Municipal Code 7.50.020 (A).
- NRS 441A.425.
- Same.
- 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, and: The animal is used in the commission of a crime by its owner or keeper; or 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 that causes the Animal Regulation Officer to believe the animal is a threat to public safety. NRS 202.500 (2). See also, for example, Las Vegas Municipal Code 7.16.010 (2). 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, or a person or other animal unlawfully upon the owner’s premises, or a person or animal that provoked the animal, or another animal that 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 they 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. NRS 193.150. 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 to 4 years in Nevada state prison, and/or a fine of up to $5,000. NRS 193.130. In addition, the animal may be put in impound, and a judge may order that the animal be humanely destroyed. NRS 202.500(5). Note that an owner who trains a dog for — or otherwise engages in — dogfighting faces prosecution as well. See also, for example, Las Vegas Municipal Code 7.16.010. 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): 1) The dog acted in self-defense. Similar to people, canines may injure or kill out of reasonable self-defense. Suppose a defense attorney can show that the animal’s actions were in response to someone provoking it with physical pain or torment. In that case, the owner should not be criminally liable for the substantial bodily harm the animal caused. 2) 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. 3) 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. See also these Clark County dog bite laws: Clark County Code 10.16.010 – Dangerous and vicious animal declaration. The language of the statute reads as follows:
(a) Except as otherwise provided in subsection (b) of this section: (1) An animal may be declared dangerous by the animal control officer if on two separate occasions within eighteen months: (A) It behaved menacingly to a degree that would lead a reasonable person to defend himself against substantial bodily harm under the circumstances; or (B) It bit a person or animal, but without causing substantial bodily harm. (2) An animal may be declared dangerous by the animal control officer, without regard to any previous behavior, if: (A) It is used as the instrument in a crime of violence; (B) While either at large or restrained, it caused substantial bodily harm or death to another animal that was at large; or (C) It bit a person or animal, but without causing substantial bodily harm, if the animal is of a species capable of causing death or substantial bodily harm other than a domestic dog or cat. (3) An animal may be declared vicious by the animal control officer if: (A) It has killed or inflicted substantial bodily harm upon a human being or another animal not at large; or (B) After having previously been declared dangerous, with notice of the declaration having been provided to an owner or keeper, it continues to exhibit the same type of behavior that resulted in the declaration, or is in violation of the provisions of Section 10.16.030. (b) (1) An animal shall not be declared dangerous pursuant to this section for only behaving menacingly towards or biting: (A) Another animal that, or person who, provoked the animal, as a result of and to the extent of the provocation or prior provocation; (B) Another animal that, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal that was behaving menacingly or biting; or (C) Another animal or person, in connection with its use by law enforcement officers in the performance of their duties. (2) An animal may not be declared vicious pursuant to this section for inflicting substantial bodily harm or killing: (A) Another animal that, or person who, provoked the animal, as a result of and to the extent of the provocation or prior provocation; (B) Another animal that, or person who, was unlawfully upon premises owned or occupied by the owner or keeper of the animal that killed or inflicted substantial bodily harm; (C) Another animal that, or person who, was harmed or killed in connection with its use by law enforcement officers in the performance of their duties; or (D) If the death or substantial bodily harm was not proximately caused by that animal, such as may unintentionally result from a person placing his or her hands between the jaws of fighting animals. (c) The owner or keeper of any animal declared dangerous by the animal control officer may, within seventy-two hours after notice has been served personally, posted at the address of impound, or deposited in the mail to the last known address of the owner or keeper, request a hearing to challenge the dangerous determination by providing a written request for a hearing to Clark County Animal Control. Conditions not otherwise required will be tolled pending a determination on such hearing. Clark County Code 10.16.020 – Dangerous and vicious animals—Unlawful possession. It shall be unlawful for any person to knowingly possess, house, shelter, quarter, own or in any other way have under his control, or to transfer ownership of, a vicious or dangerous animal within unincorporated Clark County, except as provided in this chapter. Clark County Code 10.16.040 – Permit renewal and revocation conditions. (a) Any permit issued under Section 10.16.030 shall be revoked if the animal without provocation bites or attempts to bite any person or animal lawfully upon the permit property or upon any other property, or if there is a violation of any provision Section 10.16.030. (b) Any person who keeps a dangerous animal after his permit has been revoked or any person who keeps, houses, quarters, or in any way has under his care or custody a dangerous animal without first obtaining a permit as set forth in Section 10.16.030 is guilty or a misdemeanor. (c) If, after renewal notice is sent to the last known address of the owner or keeper of a dangerous animal, such owner or keeper fails to request the annual permit renewal and inspection by 5:00 p.m. on the yearly anniversary date of the issuance of the permit, the animal shall immediately be turned over to animal control for impound and a fourteen-day hold will be placed on the animal to allow time for the owner or keeper to obtain a new permit, before the animal is released to the animal shelter for disposition. The fee for any inspection under this section shall be two hundred dollars per inspection, and the owner or keeper will be responsible for all fees and costs incurred while the animal is impounded.
- Las Vegas Municipal Code 7.36.050; Clark County Municipal Code 10.36.040; Henderson Municipal Code 7.08.020. See also Harry v. Smith, (1995) 111 Nev. 528, 893 P.2d 372; Wright v. Schum, (1989) 105 Nev. 611, 781 P.2d 1142; PetSmart v. Eighth Judicial District Court (2021) ; Swain v. Gafford (Nevada Court of Appeals, 2021)
- Clark County Municipal Code 10.39.010.