There was a story written in the ABA Journal about a Michigan couple who were charged with 2nd-degree murder because they were owners of 100-pound dogs who fatally attacked a jogger. The owners could get life in prison for the resulting death. There was a history of allowing their two aggressive 100-pound dogs run loose. The dogs often dug underneath the chain-link enclosure and it has been reported that two neighbors had been bitten by the dogs a few months before the fatal incident.
Some states, such as Michigan, have statutes that impose strict liability on dog owners. This means the dog owner will be responsible for injuries that their dogs caused, whether or not the dog owner knew or had reason to know of the dog’s dangerous 
propensity. So where does North Carolina stand on personal injuries due to dog bites?
North Carolina’s “Dog-Bite” Statute can be found in Chapter 67 of the North Carolina General Statutes. Under § 67-4.4, the owner of a dangerous dog shall be strictly liable in civil damages for any injuries or property damage the dog inflicts upon a person, his property, or another animal.
The statute clarifies what is considered a “dangerous” dog under § 67-4.1(a)(1), where a “Dangerous dog” is a dog that:
- Without provocation has killed or inflicted severe injury on a person; or
- Is determined by the person or Board designated by the county or municipal authority responsible for animal control to be potentially dangerous because the dog has engaged in one or more of the behaviors listed in subdivision (2) of § 67-4.1(a).
- Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting.
Furthermore, § 67-12 states that no person shall allow his dog over 6 months old to run at large in the nighttime unaccompanied by the owner or by some member of the owner’s family, or some other person by the owner’s permission. Any person intentionally, knowingly, and willfully violating this section shall be guilty of a Class 3 misdemeanor, and shall also be liable in damages to any person injured or suffering loss to his property or chattels.
It appears North Carolina could find the dog owner strictly liable for civil damages for allowing a dog to run loose and unaccompanied at nighttime or if the dog previously severely injured a person or was determined by appropriate authority to be potentially dangerous due to the dog’s prior vicious behavior. It should be noted that your city or county ordinances might also provide a program for control of dangerous dogs. This NC Statute clarifies that the provisions under this Statutes does not apply to a dog being used by a law enforcement officer or a dog being used in a lawful hunt.