While dogs are commonly referred to as man’s best friend, and people often cherish their furry companions as part of their family, they are still animals. This means they can pose a considerable threat to others due to their unpredictable and sometimes aggressive behavior. Even without provocation, they may end up attacking someone. As such, many dog bite victims wonder whether they can hold a dog owner liable for their damages. Being attacked by a dog is often a distressing experience that can cause long-lasting physical and emotional injuries. Therefore, you may be entitled to significant compensation for your losses. If a dog attack has seriously injured you or a loved one, contact a trusted Morris County Dog Bite Accident Attorney who can help you navigate your legal options to hold the dog owner responsible for their negligence.
Under NJ Rev Stat § 4:19-16, New Jersey follows a strict liability statute that holds dog owners liable for their dog’s actions regardless of any prior indications of viciousness or aggressive behavior. Therefore, the owner will be held responsible for the injuries their pet causes.
Due to New Jersey’s strict liability when it comes to dog bite laws, victims do not need to prove the dog owner’s negligence; they simply must prove that the attack injury occurred, as New Jersey has not adopted the “one-bite” rule like some other states. Ultimately, if a victim was on public property or had consent to be on the dog owner’s private property when the incident happened, they can hold the dog owner responsible for their injuries.
If you or someone you love has suffered significant injuries due to a dog attack in Morris County, it is imperative to understand New Jersey’s dog bite liability laws to protect your legal rights. As such, you are eligible to bring a claim when:
As mentioned, because of the strict liability law, you do not need to prove the owner was negligent or knew of prior aggression to bring about a claim.
It’s also necessary to understand that, for a claim to be eligible in New Jersey, you must file a claim within the statute of limitations. In New Jersey, this is two years from the date on which the attack occurred. Failure to file a claim within this time frame prohibits you from recovering the compensation you deserve.
Are There Any Exceptions To A Dog Owner’s Liability For An Attack?
While in most cases, dog owners will be held responsible for their dog’s actions, there are certain exceptions to their liability for an attack injury.
Firstly, if the victim did not have permission or was otherwise illegally on the dog owner’s private property, they would not have a valid claim, as they were trespassing. This is because, under New Jersey premises liability case law, property owners do not owe trespassers a duty of care to ensure the conditions on their property are safe.
In addition, if the dog owner can prove that their dog was provoked by the victim in some way, meaning they intentionally annoyed, teased, or tormented the animal, antagonizing the pet, they would be ineligible to file a claim as they contributed to the cause of the attack. Common actions that constitute provocation of a dog include:
If you are attacked by a dog in Morris County, it’s critical to take the necessary steps to protect your health and legal claim against the owner.
When you are attacked, calling emergency services is critical. This ensures that a formal report is filed, which can help protect the validity of your claim.
While on the phone with 911, you should also request emergency medical technicians, especially for wounds that are particularly deep. Ensuring that you obtain medical care is vital to preventing infections, while medical records can help support your claim.
If possible, you should locate the dog’s owner to obtain their contact information. You should also ask for vaccination records for the animal. In many instances, if the owner cannot be located or the animal’s vaccines are not up to date, you’ll likely need to get a rabies vaccination.
You are legally required to alert animal control authorities following a dog bite in New Jersey by submitting a report.
Collecting evidence at the scene can be incredibly beneficial in fighting for the compensation you deserve. As such, you should gather:
If you choose to file a claim against a dog owner after an attack, it’s imperative to understand what compensation you may be eligible for. Generally, you can seek both economic and non-economic damages following a dog attack. Some of the most common recoverable damages include:
Although dogs are usually perceived as friendly, they can still attack someone without provocation. If you’ve suffered a dog attack injury, it is in your best interest to retain the legal services of an experienced attorney from Lutz Injury Law today to consider your legal options. Our firm is prepared to vigorously fight to help you obtain the just compensation you deserve for your injuries. Contact us today to learn more.
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