Short Answer

In North Carolina, you generally have three years from the date of the dog bite to file a personal injury lawsuit. To pursue a claim, gather evidence (photos/video, animal control report, medical records), identify the dog’s owner/keeper, and file a complaint and civil summons in the correct court, then serve the defendant under Rule 4. North Carolina’s “dangerous dog” laws can impose strict liability in some cases, but defenses and exceptions may apply.

Understanding the Problem

You’re asking when you must file and how to file a North Carolina personal injury claim after a dog bite. The focus is: can you bring a claim against the dog’s owner/keeper in North Carolina, and what steps and deadlines apply to filing in the General Court of Justice. Here, one key fact is you reported the incident to animal control and have video and HOA-confirmed prior attacks.

Apply the Law

North Carolina allows injured people to sue for dog-bite injuries under negligence and, in some situations, under the “dangerous dog” statute. The main forum is the North Carolina General Court of Justice (District or Superior Court depending on the amount sought). The core deadline is generally three years from the bite to file a civil action. Service of the summons and complaint must follow Rule 4 of the North Carolina Rules of Civil Procedure.

Key Requirements

• Timely filing: File your lawsuit within three years of the bite; late filing risks dismissal.
• Liability theory: Show negligence (failure to control the dog or leash-law violations), owner knowledge of dangerous propensities, or that the dog meets the statutory definition of a dangerous dog.
• Identify the right defendant: Sue the dog’s owner, keeper, or harborer responsible for control of the dog.
• Proper venue and court: File in the county where the bite occurred or where the defendant resides; use District Court (≤ $25,000) or Superior Court (> $25,000). Smaller claims may be eligible for small claims court (limit varies by law).
• Service of process: After filing, serve the defendant with a civil summons and complaint under Rule 4 (personal delivery or approved mail/delivery methods).
• Defendant’s response: The defendant typically has 30 days after service to answer in a civil action (often extended by agreement or court order).

What the Statutes Say

• North Carolina Gen. Stat. § 67-4.1 (Dangerous dog definitions) - Defines “dangerous” and “potentially dangerous” dogs.
• North Carolina Gen. Stat. § 67-4.4 (Liability for attacks by dangerous dogs) - Imposes liability for injuries caused by a dangerous dog, with exceptions.
• North Carolina Gen. Stat. § 1-52 (Three-year limitations for certain actions) - Sets the general three-year limitation period for personal injury claims.
• North Carolina Gen. Stat. § 1A-1, Rule 4 (Service of process) - Governs methods and timing for serving the summons and complaint.

Analysis

Apply the Rule to the Facts: Your animal control report, HOA confirmation of prior attacks, and video evidence support negligence and may show the owner knew of the dog’s dangerous tendencies. If animal control designates the dog as “dangerous,” the strict liability statute may apply unless an exception fits. You should file within three years of the bite, choose the court based on your damages, and serve the owner/keeper under Rule 4.

Process & Timing

1. Who files: The injured person. Where: Clerk of Superior Court, Civil Division, in the North Carolina county where the bite occurred or where the defendant resides. What: Complaint and Civil Summons (AOC-CV-100, available on nccourts.gov). When: File within three years of the bite; after filing, have the summons and complaint served under Rule 4.
2. Serve the defendant by personal delivery or approved mail/delivery service under Rule 4. If service fails or time runs short, request an alias and pluries summons to keep the case alive. Defendants typically have 30 days after service to answer; short extensions are common by consent or court order.
3. If liability and damages are clear, many cases resolve through the dog owner’s homeowners or renters insurance. If not, proceed through discovery and pretrial steps until settlement or trial, ending with a judgment.

Exceptions & Pitfalls

• Dangerous dog exceptions: The statute may not impose liability if the person was committing certain crimes, trespassing, or provoking/abusing the dog.
• Contributory negligence: North Carolina bars recovery if you are found even slightly at fault; careful fact development matters.
• Wrong defendant or bad service: Sue the actual owner/keeper and complete Rule 4 service correctly; poor service can lead to dismissal.
• Evidence gaps: Save video, photos, witness names, animal control records, and medical proof (including vaccination records and out-of-pocket costs).

Talk to a Personal Injury Attorney

If you're dealing with a North Carolina dog bite and need help with deadlines, evidence, and filing, our firm has experienced attorneys who can help you understand your options and timelines. Call us today.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.