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If a dog has been bitten you or a family member, you know what a terrifying and traumatizing experience it can be. Although dogs can be wonderful guardians and companions, they are dangerous animals when they attack.
New Jersey law makes dog owners responsible if their dog bites, even if there was no prior indication that the dog might be aggressive. You could seek damages from the dog’s owner if you were bitten or attacked by a dog.
A knowledgeable injury attorney could explain the state’s aggressive animal law and assess your claim’s chances of success. Do not delay seeking the advice of a New Brunswick dog bite lawyer before getting started with your case.
Many states require a dog owner to have prior knowledge of their animal’s dangerous tendencies before they can be held liable for a bite. New Jersey takes a fundamentally different approach. Under New Jersey General and Permanent Statutes §4:19-16, a dog owner is strictly liable for bite injuries their dog inflicts — regardless of whether the owner had any knowledge of the dog’s propensity to bite, and even if the owner had restrained the animal and warned others to keep away. A knowledgeable dog bite attorney in New Jersey can explain how this strict liability standard works and assess your claim’s chances of success.
Under this law, owners are liable for bites that occur on public land — such as parks, beaches, and city sidewalks — as well as on private property, provided the victim was there lawfully. This means liability extends to incidents in a vet’s office, the elevator of an apartment building, a restaurant, or a neighbor’s backyard. The only notable exception applies when the victim was trespassing at the time of the attack, a defense that insurance companies often attempt to raise. An experienced dog bite injury lawyer in New Jersey can counter that assertion by presenting evidence that the plaintiff had every legal right to be present on the property.
The law makes owners liable for dog bites that occur on public land and private land, as long as the plaintiff was legally on the private land. So, if a bite occurs when someone in a park, on the beach, or on a city sidewalk, the owner is liable. Similarly, if it occurs in a vet’s office, the elevator of an apartment building, a restaurant, or a friend’s back yard, the owner is liable as long as the plaintiff was there legally.
If the plaintiff was trespassing when the bite occurred, the owner may not be liable. Insurance companies might try to defend their insured by asserting that the plaintiff was a trespasser. An animal attack attorney in New Brunswick could counter that assertion by presenting evidence that the plaintiff had permission to be on the property.
A plaintiff whose behavior could have agitated the dog might collect a smaller damage award. New Jersey follows the comparative negligence doctrine, which holds a plaintiff responsible for actions that might have contributed to their injuries. An attorney could advise whether comparative negligence might be a factor in a specific situation.
At trial, a jury determines how much blame each party holds for the incident. In a dog bite case, if the owner presents evidence that the plaintiff incited the attack, a jury might decide the plaintiff is partially responsible for their injuries. With the help of an aggressive canine attorney in New Brunswick, a plaintiff could collect reduced damages as long as the jury sets their portion of the blame at 50 percent or less.
If someone’s dog has bitten you or a family member, you deserve compensation. The law allows you to recoup medical expenses, lost wages, pain and suffering—even therapy, if you need help dealing with the trauma.
Call on an experienced New Brunswick dog bite attorney to help you pursue your case. Time is of the essence, so do not delay.