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  1. #1
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    Sep 2017
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    Default What to Do if Your Dog Bites Someone

    My question involves an injury that occurred in the state of: North Carolina
    My rat terrier bit an employee of a retail establishment when she put her hand and face inside our vehicle. The animal was confined to our vehicle and not walking or on a leash. He bit her when she put her face in close to kiss him. The employee was required by her employer to seek medical attention at the local ER. I was told by the employees of the retail establishment that the hospital would contact Animal Control and that officers would be coming to my home to seize my dog for a 10 day quarantine. I am told the state of NC requires the dog be quarantined for 10 days even if we have recent shot records. What should we require from ACO's if they try to seize our dog? I do not intend for my property to be seized without a warrant, but I'm not sure what to do after a warrant is produced. Do the days the animal was in my home constitute part of the 10 day quarantine or does it start at the time the ACO takes the dog? Will we be required to pay the county for the dog's board as a result of the quarantine? How do we ensure that our pet is treated humanely while in their custody?

  2. #2
    Join Date
    Jun 2017
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    California
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    424

    Default Re: What to Do if Your Dog Bit Someone

    Gen. Stat. 130A-196: G.S. 130A

    196. Notice and confinement of biting animals.

    (a) Notice. When a person has been bitten by an animal required to be vaccinated under this Part, the person or parent, guardian or person standing in loco parentis of the person, and the person owning the animal or in control or possession of the animal shall notify the local health director immediately and give the name and address of the person bitten and the owner of the animal. If the animal that bites a person is a stray or feral animal, the loc al agency responsible for animal control shall make a reasonable attempt to locate the owner of the animal. If the owner cannot be identified within 72 hours of the event, the local health director may authorize the animal be euthanized, and the head of th e animal shall be immediately sent to the State Laboratory of Public Health for rabies diagnosis. If the event occurs on a weekend or State holiday the time period for owner identification shall be extended 24 hours. A physician who attends a person bitten by an animal known to be a potential carrier of rabies shall report the incident within 24 hours to the local health director. The report must include the name, age, and sex of the person.

    (b) Confinement. When an animal required to be vaccinated under this Part bites a person, the animal shall be immediately confined for 10 days in a place designated by the local health director. The local health director may authorize a dog trained and used by a law enforcement agency to be released from confinement to perform official duties upon submission of proof that the dog has been vaccinated for rabies in compliance with this Part. After reviewing the circumstances of the particular case, the local health director may allow the owner to confine the animal on the owner's property. An owner who fails to confine an animal in accordance with the instructions of the local health director shall be guilty of a Class 2 misdemeanor. If the owner or the person who controls or possesses the animal that has bitten a person refuses to confine the animal as required by this subsection, the local health director may order seizure of the animal and its confinement for 10 days at the expense of the owner.

  3. #3
    Join Date
    Mar 2013
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    17,287

    Default Re: What to Do if Your Dog Bites Someone

    My rat terrier bit an employee of a retail establishment when she put her hand and face inside our vehicle. The animal was confined to our vehicle and not walking or on a leash.
    Unattended in the vehicle?

    What should we require from ACO's if they try to seize our dog?
    I suppose you can ask for a receipt but, other than that, you don't get to "require" anything.

    I do not intend for my property to be seized without a warrant,
    They don't need a warrant. Read the part of the statute that says:

    An owner who fails to confine an animal in accordance with the instructions of the local health director shall be guilty of a Class 2 misdemeanor.
    If you don't give up the animal you could be arrested and the dog taken anyway. Though you may be given the opportunity to ask for home confinement.

    but I'm not sure what to do after a warrant is produced. Do the days the animal was in my home constitute part of the 10 day quarantine or does it start at the time the ACO takes the dog? Will we be required to pay the county for the dog's board as a result of the quarantine? How do we ensure that our pet is treated humanely while in their custody?
    I suggest you call Animal Control and ask all those questions.

    You should also report this to your homeowners or renters insurance company. I'm guessing that the employer's workers comp insurance will pay for the injury and will want its money back from you.

  4. #4
    Join Date
    Sep 2017
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    3

    Default Re: What to Do if Your Dog Bites Someone

    No, we were sitting in the vehicle while the employee was supposed to be checking the merchandise in the back of the vehicle. Instead of doing that she came up to the car, put her hand on my dog's head and put her face up to the dog's before we could stop her.

    The section of the statute that you highlighted in bold seems to refer specifically to a law enforcement dog. Does it also apply to a "civilian" dog?

  5. #5
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    Mar 2013
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    Default Re: What to Do if Your Dog Bites Someone

    Quote Quoting gigigirl
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    The section of the statute that you highlighted in bold seems to refer specifically to a law enforcement dog. Does it also apply to a "civilian" dog?
    The two sentences address separate sets of circumstances. The emphasized sentence applies to civilian dogs.

    I found some information on home confinement:

    http://epi.publichealth.nc.gov/cd/lh...y_domestic.pdf

    Check your county or city animal control website to see if the procedure for home confinement approval is addressed.

    Meantime, comply with the requirements and document compliance as best you can in case your dog can get credit for time served.

    Beyond that, you'll just have to wait and see.

  6. #6
    Join Date
    Sep 2017
    Posts
    3

    Default Re: What to Do if Your Dog Bites Someone

    RESOLUTION: We received a visit from an Animal Control Officer and were told that we could do a "home" quarantine. This is not necessarily an option in other counties in NC and only allowed because we had proof that our dog was current on his vaccinations. It is pretty specific and could be a problem for some.
    We are greatly relieved that our county allows for it and that our dog qualified. We were very afraid to put our dog into the hands of the county because of horror stories of quarantined animals being euthanized my "mistake".

    This has turned out well for us, but it could have turned into an emotional and legal nightmare all because someone who "loves" dogs had no idea of their nature. Lesson learned. KEEP YOUR DOG AWAY FROM STRANGERS NO MATTER HOW FRIENDLY THE DOG OR THE STRANGER SEEMS AND KEEP YOU ANIMAL CURRENT ON VACCINATIONS! This whole thing could have been so much worse.

    Mind you, we still have no idea if the retail establishment will try to get our homeowners insurance to pay the employee's expenses. Guess we'll cross that bridge when we come to it.

  7. #7
    Join Date
    Mar 2013
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    17,287

    Default Re: What to Do if Your Dog Bites Someone

    Quote Quoting gigigirl
    View Post

    Mind you, we still have no idea if the retail establishment will try to get our homeowners insurance to pay the employee's expenses. Guess we'll cross that bridge when we come to it.
    No, you have to cross that bridge now.

    You have a contractual obligation to report the incident to your insurance company so that your claims people can properly investigate.

    If you fail to comply with that obligation you could end up with a denial of coverage and have to pay out of your own pocket.

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