Your Trial Attorneys
Dog Bite Lawyer in New Bern
Injury Claims Under North Carolina’s Dog Bite Laws
Chesnutt & Clemmons has represented injury victims in New Bern and throughout Craven County since 1994. Our attorneys bring over a century of combined legal experience to every case, and the firm holds an AV Preeminent Rating from Martindale-Hubbell® alongside recognition from Super Lawyers® and The Best Lawyers in America®. When a dog bite sends someone to the emergency room, those credentials matter.
If you or a family member has been injured by a dog in New Bern, call us at (252) 300-0133 or reach out through our online contact form to discuss your situation.
How North Carolina’s Dog Bite Laws Work
North Carolina uses a two-track liability system. Which track applies depends on the dog’s history and how the incident occurred. Understanding that framework early is critical because it shapes what evidence matters and how an insurer will respond.
The One-Bite Rule
For most dogs without a prior history of aggression, North Carolina follows the one-bite rule: an owner isn’t automatically liable for a bite unless the owner knew or had reason to know the dog was dangerous. Establishing that prior knowledge becomes the core of the case, and it requires digging into bite reports, neighbor accounts, and animal control records.
Dangerous Dog Strict Liability
Under N.C. Gen. Stat. § 67-4.1, a dog can be legally classified as dangerous if it has, without provocation, inflicted severe injury on a person, defined as broken bones, disfiguring lacerations, hospitalization, or injuries requiring cosmetic surgery. Once a dog carries that designation, N.C. Gen. Stat. § 67-4.4 makes the owner strictly liable for any civil damages the dog causes. The owner’s own care or caution is no longer a defense. A separate provision, N.C. Gen. Stat. § 67-12, also holds an owner liable when they intentionally and willfully allow a dog over six months old to run at large unaccompanied at night.
Contributory Negligence Risk
North Carolina applies contributory negligence, meaning a victim found even slightly at fault may be barred from recovering any damages. Insurers routinely argue the victim provoked the dog or ignored warning signs. Anticipating and countering that argument from the start can help protect the claim.
New Bern’s Local Animal Control Ordinance
State law sets the floor, but New Bern adds its own layer of requirements. Chapter 6 of the city’s Code of Ordinances classifies dogs into three behavior-based categories, independent of the state’s dangerous dog statute. N.C. Gen. Stat. § 67-4.5 expressly allows cities to operate their own dangerous dog programs alongside state law, and New Bern does exactly that.
In September 2023, New Bern strengthened its ordinance with stricter fencing and muzzling requirements for classified dogs and increased owner accountability. Owners who violate those containment and control requirements can face civil penalties up to $500 per day. A city classification record can be significant evidence in a dog bite claim even when the state’s dangerous dog statute hasn’t been formally triggered.
Compensation Available in a Dog Bite Claim
Dog bite injuries range from puncture wounds and infections to nerve damage and permanent scarring. Compensation in a North Carolina case can cover medical expenses, lost wages, and pain and suffering. The state doesn’t cap compensatory damages in these cases, though punitive damages are subject to statutory limits.
Most dog bite claims involve the owner’s homeowners insurance policy, which typically includes personal liability coverage for dog-related injuries. Insurers defending those policies will look for any opening to apply contributory negligence and try to avoid paying the claim. Having attorneys who understand that tactic, and know how to build a record to counter it, makes a real difference in how these claims resolve.
Five-Star Client Reviews
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"I was impressed with the respect and warmth from all the staff - I can’t thank you enough."Vickie M.
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"Outstanding service and very professional - the office staff was quick to respond."Freddy H.
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"They have an experienced team of professionals who will provide you the guidance you need to achieve the best results regardless of your situation."Doug S.
Why New Bern Dog Bite Victims Work With Chesnutt & Clemmons
Our trial lawyers are ranked among the top 5% of attorneys in North Carolina. That standing reflects decades of courtroom experience across personal injury and civil litigation, including cases where insurers refused fair offers and a jury ultimately decided the outcome.
Dog bite cases require attorneys willing to take the matter to trial when the insurer won’t negotiate in good faith. Our litigators don’t treat trial as a last resort. When it’s necessary to pursue a just outcome, we go, and that posture can change how insurance companies approach settlement discussions.
We conduct in-depth case investigations, drawing on our local network in Craven County to gather animal control records, identify witnesses, and build a complete account of the incident. Our staff includes Spanish speakers, so language is never a barrier to quality representation.
Chesnutt & Clemmons has been part of the New Bern community since 1994, supporting organizations like the Neuse River Bridge Run and CarolinaEast Medical Center. That connection to this area isn’t incidental. It reflects the same commitment we bring to every client we represent here.
Discuss Your Dog Bite Injury Claim With Our Team
If you’ve been injured by a dog in the New Bern area, tell us what happened. We can review the facts, explain how North Carolina’s liability framework applies, and outline what pursuing a claim would look like.
Call Chesnutt & Clemmons at (252) 300-0133 or contact us through our website to get started.