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North Carolina Animal / Dog Law Questions & Answers
1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: I gave my dog away now I want him back, and she don't want to give him back. I didn't sign any document. Can you help?
N'kia (NLN)
N'kia (NLN)
answered on Apr 19, 2023

Giving your dog to someone else is typically considered a "gift." In North Carolina, most gifts are considered "irrevocable." (In other words, the giver can't just take back a gift once given).

An exception to this general rule is when a gift comes with...
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1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Can i shoot the neighbors dog for constantly trying to kill my two cats and get off his chain to attack us in nc?

This dog has attacked its own drug and booze laden owners. Its a threat to my daughter and all of the other kids around here. No one can outside in their own yard without it barking non stop. Ive told them to handle it or i will. My kitten got out and is now gone for good because of this dog.

N'kia (NLN)
N'kia (NLN)
answered on Apr 18, 2023

Generally, the best option in this situation is to start by contacting the appropriate government authority, such as animal control. Trying to take matters into your own hands could potentially result in civil claims and/or criminal charges. If you have questions about your specific legal rights... Read more »

1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: If my neighbors dog caused me to fall & break my leg is he liable for my injury costs?

Neighbors dog got loose attacked my dog while I was walking him at the edge of my yard and caused me to fall and break my leg in two places. In NC is my neighbor liable for my medical bills & lost wages?

N'kia (NLN)
N'kia (NLN)
answered on Apr 10, 2023

In North Carolina, the owner of a dog that injures a person could be liable for the injured party's "damages," such as medical bills. However, there are several types of law that could be at play, and each one is a bit different. For example, the general rule under North Carolina... Read more »

2 Answers | Asked in Animal / Dog Law and Civil Litigation for North Carolina on
Q: Can i sue someone's car insurance company if their dog jumps out of their car and attacks my dog in my yard?

Not only did it injure my dog, but I hurt my knee breaking up the attack. She has not paid the vet bill and is very hostile. I believe that is the only way I can get paid since she rents.

John Michael Frick
John Michael Frick
answered on Apr 2, 2023

Like most US states, North Carolina does not allow you to directly sue another person’s automobile insurance company.

You would have to sue the owner of the dog.

It is also unlikely that the owner’s automobile insurance covers an attack by their pet. That type of occurrence is...
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1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: While working was bit by a dog that pushed door open after being told dogs didn’t bite. Mental trauma, would I have case

North Carolina. No case pending. I was bitten by a dog while working Saturday in a woman’s yard, I’m a pest control technician. I didn’t require hospital attention but was bleeding and definitely still sore. I didn’t do workman’s comp because I felt at the time it wasn’t that bad. Well... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 4, 2022

You have a claim against the dog owner for negligence and strict liability. Most homeowners insurance policies nowadays do not cover animal attacks unless the insured has purchased an animal attack insurance rider. Contact a North Carolina personal injury attorney for representation to get out a... Read more »

1 Answer | Asked in Real Estate Law, Criminal Law and Animal / Dog Law for North Carolina on
Q: My neighbor keeps letting his dogs poop in my yard. We have discussed this 1000 times. What can I do now?

I have video of the dogs when they come and poop in my yard.

I scoop the dog poop daily and toss it back into his yard.

John Michael Frick
John Michael Frick
answered on Apr 21, 2023

Collect the poop. Store it. Then deliver it all back to his front porch

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Someone sold a dog to my wife through Facebook, and now wants the dog back after 1 day.

My wife has all the messages saved. Can the previous owners do this?

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Aug 19, 2022

If she paid for the dog and it was delivered to her, then they have almost no chance of being able to force you to return the dog.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: If someone tries to take their dog back after they said they needed to give him away, legally can they take them back?

My friend was giving his dog away, he is going through a lot of emotional stuff. His home when I took the dog was disgusting. I took this dog to get his shots, checkup and have bathed this dog myself as well as going to PetSmart. He has acclimated to my home and is in training. Now this friend... Read more »

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Nov 26, 2020

If he gave you the dog then it’s yours. Hopefully you have text messages or something of this gift, otherwise it might be possible he could take the dog back. But he’d have to sue you in court and win and it sounds like he doesn’t really have the bandwidth to do that.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: If a person steals my dog, can the police make me pay the thief for flea dip fees they incurred while having my dog?

My nephew asked a friend to watch his dog while he looks for a new place. He has been sending money for the care of the dog. While away for a weekend the mother of the friend went into his home and took the dog. They are refusing to give it back. The dog is registered and microchipped. We have gone... Read more »

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Nov 23, 2020

You might want to see if you can contact the chief of police to bring this situation to his/her attention. Otherwise, you’ll have to sue in replevin to get your dog back.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Neighbor shot my dog in my driveway says was threatened even has his dog and self was over 100 feet away inside fence

Is the neighbor responsible for vet bills and other ways of dealing with this horrible situation.

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Nov 16, 2020

Depends on the local municipal code, but given the facts that you stated, yes it is likely that your neighbor would be responsible for all damage to your property (dog). I would suggest pressing criminal charges, as that is the best way to actually recover money in NC.

1 Answer | Asked in Animal / Dog Law and Personal Injury for North Carolina on
Q: If a dog breaks loose out of its owner’s house am I able to stop the dog by picking it up, pushing it, or kicking it?

My sister and I were walking my dog on the sidewalk past a house and their dog breaks through the door and runs at me and my sister. Are we able to stop the dog by physical means if it runs at us and is acting aggressive? I dont want to hurt the dog but if it stops me, my sister and dog safe I will... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Nov 7, 2020

I would have to read the municipal codes for Raleigh to know for sure, but as a general rule, you are allowed to defend yourself if you reasonably feel threatened. My strong suspicion is that you would be fine as long as you could reasonably claim you were defending yourself, sister, or your dog.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Is it legal for someone to kill a muzzled dog?

My dog got loose one day and ran at my neighbor barking. He didn't touch the guy and I got him under control quickly. My neighbor said next time it happens he will kill my dog. I now muzzle my dog any time we go outside. If he gets loose again can the neighbor legally hurt/kill him if he is... Read more »

Ben Corcoran
PREMIUM
Ben Corcoran
answered on Sep 23, 2020

Your local municipal law will likely govern what your responsibilities are regarding your animal. But frequently after a certain time animals must be kept on a leash and if the dog is on your neighbors property he may be able to shoot it claiming self defense. This claim will be hurt by the fact... Read more »

2 Answers | Asked in Animal / Dog Law for North Carolina on
Q: My mom is trying to sue me for custody of my dog, My name is on the adoption paper work and everything! What can I do?!

I have not neglected or harmed my dog in any way, ever! My mom wants to try to "control" me so to speak, she is willing to go to the fullest extent with this. Even if it does mean taking me to court. What legal standing does she have if she were to go through with suing me for custody?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow
answered on Aug 13, 2020

This is semantics, but you can't sue someone for "custody" of a dog, but instead she could bring a small claims court action seeking the return of personal property (the dog). It is easy to get into small claims court, so I don't see any standing defenses being an issue here.... Read more »

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1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: In Raleigh, NC, can I gift someone a 6 month old puppy that was originally gifted to me when it was 7 weeks old?

The puppy is up to date on vaccinations, rabies shot, and heartworm and ticks meds. It is a mixed breed, but I am not sure of the exact mix and the vet could not tell me. I highly believe he is mixed with American pit bull.

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 27, 2020

There's no reason why you can't give a dog away to another good home. If there are restrictions on breeds where the person who is going to accept the dog lives, that would be their responsibility/liability. But, because the dog ends up being the victim in those sorts of situations, it... Read more »

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Is it legal to shoot someones livestock for destroying a garden?

An officer told my neighbors to shoot my calf, sheep and goat that got out of their pen and into my neighbor's vegetable garden. This has happened just the one time.

Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 15, 2020

This is a tough question. A person can shoot a dog for attacking his livestock. A person can shoot a wild animal for eating his crops. I've never encountered this particular situation before. I would argue that shooting your livestock for eating from a personal vegetable garden is not legal... Read more »

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: My ex left alittle over 1 month ago he left his dog & I’m taking care of her is she mine now
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 7, 2020

Not necessarily. If your ex hasn’t said anything, he could come back to get the dog at really any time. If you to settle the matter now, you can offer to buy the dog from him. If you get an agreement make sure you get it in writing!

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: what can I do about a dog kennel less than 50 feet from my bedroom in Pasquotank County, NC
Kristina M. Bergsten
PREMIUM
Kristina M. Bergsten
answered on Jul 6, 2020

This question is difficult to answer because you provided no details about what the problem is. I'm guessing it's either noise or smell or both. If that's the case, you could sue for nuisance, but you might have a "coming to the nuisance" problem, depending on NC law.

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: What can I do if my neighbor will not come and get their dogs?

My neighbors dogs are always getting out and they come to our home. When I call them and tell them, they will not come and get them for days-weeks at a time. We have even taken them to the vet when they’ve needed medical attention. What are our rights in this situation?

Lynn Ellen Coleman
Lynn Ellen Coleman
answered on Jun 17, 2020

Call Animal Control and report the loose dogs.

1 Answer | Asked in Animal / Dog Law, Car Accidents and Insurance Bad Faith for North Carolina on
Q: An ATT tech hit my dog in front of our house, on a private driveway. They denied the claim because my dog was loose.

The dog wasn't on public road, but on the side of a private driveway, defecating. The driver was going too fast, was not paying attention, and hit and crushed her skull with his truck. My understanding is that my dog can be loose on private property. She did not run to, or in front of the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Feb 7, 2020

File a claim with their insurance company. You can claim for the financial loss, and also may have a claim for negligent infliction of emotional distress. I'd suggest you talk to a member of the NC Trial Lawyers Assn/Assn for Justice --- they focus their practice on these types of cases, and... Read more »

1 Answer | Asked in Animal / Dog Law for North Carolina on
Q: Hey if my dog bit a girl and the family is making us pay for the bill can we take them to court since they are not

They are not unsung their insurance can we take them to court and make them use their insurance since it will be cheaper

Tammy Lyn Wincott
Tammy Lyn Wincott
answered on Jan 17, 2020

If your dog bit their child then you are responsible and they do not have to use their own insurance, in fact most of the time their insurance may refuse to pay. What would likely happen is they will make a claim on your homeowner's insurance which should cover the claim unless you have the... Read more »

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