Can I sue the owner of a dog for my emotional distress?
In North Carolina, it is possible to sue the owner of a dog for emotional distress caused by a dog bite. Generally, to recover damages for emotional distress in North Carolina, the plaintiff must prove the defendant was negligent; that the defendant either knew or should have known the dog was likely to bite; and that the plaintiff suffered emotional distress as a result of the bite. If the defendant acted negligently and could have reasonably prevented the dog bite, the plaintiff is able to sue. This is done by filing a personal injury lawsuit in civil court. In North Carolina, as in many other states, when someone is negligent and their negligence causes the plaintiff injuries, they may be responsible for any financial losses associated with those injuries. A dog owner can also be liable for injuries caused by their dog even without proof of negligence. The North Carolina Court of Appeals has held that in some cases, a dog owner can be held liable based on the “one bite rule”, which holds a dog owner liable for any dog bites they knew or should have known their dog was likely to inflict. If you are considering suing the owner of a dog for emotional distress, you should speak with a personal injury lawyer as soon as possible. They can help determine if you have a claim and help you file a lawsuit.
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