The Elements for the Claim of Civil Responsibility for Animal Attack

In Nevada, the elements for the claim of Civil Responsibility for Animal Attack are:

  1. At all times relevant hereto, Defendants owned a [DOG, CAT, SNAKE, ETC;] described as __________________________________ (the “Animal”);
  2. On or about [DATE], the Animal attacked Plaintiff, causing personal injury (the “Attack”);
  3. Defendants were aware of the Animal’s dangerous disposition;
  4. [ALTERNATIVE] Defendants were aware that the Animal was behaving in an irregular or dangerous manner but neglected to take action or prevent the Attack;
  5. [ALTERNATIVE] Defendants’ actions led the Animal to Attack Plaintiff;
  6. [ALTERNATIVE] Defendants witnessed Animal Attack Plaintiff and failed to try to prevent or stop the Animal from attacking Plaintiff;
  7. [ALTERNATIVE] The Animal is a vicious dog that continued to act menacingly after being classified as “dangerous” or has previously caused substantial bodily harm or death to a person;
  8. [ALTERNATIVE] The Animal has behaved menacingly toward people on at least two occasions in the 18 months prior to the Attack without having been provoked by pain or torment, and while the Animal was either off-leash or “at large”;
  9. [ALTERNATIVE] The Animal has previously bitten someone, and the owner was aware of this fact;
  10. [ALTERNATIVE] The Animal has been classified by animal control as a “dangerous” or “vicious” animal;
  11. [ALTERNATIVE] Defendants were in violation of a law regarding Animal ownership;
  12. Defendants owed Plaintiff a duty to control the Animal;
  13. At all times relevant hereto, Defendants negligently failed to control the Animal;
  14. Plaintiff has suffered damages;
  15. Plaintiff is entitled to an award of attorney fees and costs as damages; and
  16. [ALTERNATIVE] Plaintiff is entitled to an award of punitive damages.

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NLB

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