Legal Question in Personal Injury in North Carolina
Dog Attack and Damages
Witness to pack of huge wild dogs, (belonging to neighbor), break through front screen door of her home and attack and maul her miniature dog. She was not bitten, but is now terrified to open doors and windows of home. Home owners ins. of neighbor has sent check for $4,600.00 worth of damage to personal property, and for animal hospital bill. Is she entitled to collect for emotional stress caused by the incident? Punitive damages against owner of dogs? There were 7 documented reports by Animal Control of the dogs terrorizing the neighborhood that afternoon. The dogs leaped over a 6' privacy fence to escape. Animal control witnessed them leaping fence, and caught 2 of them, and immediatly destroyed them. All is in Police reports. This is North Carolina. Is there a scale or multiplication factor that the insurance uses to figure a payment? Please help ASAP...
1 Answer from Attorneys
Re: Dog Attack and Damages
Thank you for your question.
To answer your question directly: 1) Emotional distress could be compensable if there is a diagnosable caused condition, 2) The is no �scale� to figure payment. Damages are based on fair and reasonable compensation which could ultimately be decided by a jury, 3) Punitive damages may be available depending on the facts and the injuries proved, and, 4) If there are damages beyond what is stated in the brief summary, you may need further legal consultation.
Please remember that it is very difficult to give full advice on limited information, and by e-mail. As is the case many times under the law, there is not necessarily a clear answer. Cases like this cases be very fact specific and further information may be helpful.
Thank you again, and please feel free to contact us if we can provide further information.
Best Wishes,
David D. Daggett
(I apologize in advance for poor typing skills)
Winston-Salem Office
www.lewisdaggett.com �
www.safeandsober.com
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