Dog bite claims are already complicated in New Jersey because the state’s statute only puts strict liability on owners when biting incidents occur on public property or when the victim was lawfully present on their private property. If you were attacked while trespassing, this would sound like you don’t have any options for compensation.
But, this may not be the case under state personal injury law.
NJ Strict Liability Vs. Negligence Lawsuit
As mentioned at the beginning of this article, NJ’s dog bite statute does not apply to situations where the victim was trespassing on the dog owner’s property. To say someone was trespassing doesn’t mean the owner is not liable for their pet disfiguring or killing another person.
How often do children walk into a neighbor’s yard to retrieve a toy? What if you share a property line without a fence and simply wanted to pass through to get back to your place? This doesn’t rise to the level of criminal trespass and may warrant a personal injury suit based on the owner being negligent.
Trespassing Without Criminal Intent
In New Jersey, if you were trespassing but had no criminal intentions, such as walking across the property to get home from a neighbor’s house, you might be able to demand compensation for your injuries. To win a claim alleging the dog owner was negligent, you will need to prove they had a duty of care to keep you safe from their dog harming you. In addition, you also must show they breached that duty, this breach led to their dog attacking you, and this attack caused you damages.
You must speak with a qualified dog bite attorney in NJ if bitten when trespassing on someone else’s property. No matter what the insurance company or pet owner claims, don’t make any decisions about your claim until you have first spoken with experienced legal counsel about your situation.
Get Your FREE Attorney Consultation
Being bitten by an aggressive dog is a frightening and traumatic experience that can turn your life upside down because of injuries. Attorney Peter Briskin is a reputable dog bite attorney in NJ with years of experience representing individuals who were bitten while trespassing on someone’s property.
Before assuming you have no legal options, contact his firm to learn more about your rights in this situation and how his firm can assist in getting the justice you deserve. Schedule your free consultation 24/7 to get the answers you need to make the best decision for your legal matter.