As a strict liability state for dog bite victims, New Jersey allows the injured to recover financial damages for the harm they suffered. This provides for the strongest protections for dog bite victims. While most cases get paid by the dog owner’s insurer, successfully proving one’s claim can still be challenging.
New Jersey Dog Bite Law
When describing New Jersey as a strict liability state on dog bites, this means that it has no bearing on an owner’s accountability if the dog does or doesn’t have an aggressive temperament or history. If their pet attacks another person, they are responsible for the damages caused to the victim.
These are the basic concepts of the state dog bite law:
- Owners are liable whether the animal has a bite history or viciousness or not.
- Dog owners are responsible for incidents on public property as a park or sidewalk.
- If bites occur on private property, the owner is still liable if the victim was not trespassing.
It’s important to note that one doesn’t have to be explicitly invited onto someone’s private property. Those present for official purposes, like delivering the mail, are protected under this statute. Moreover, even uninvited individuals might qualify for protection if they did not intend to commit a crime.
Be sure to speak with knowledgeable dog bite lawyers in NJ about your case to understand how this law may impact your personal injury case.
Recoverable Damages for Dog Bite Claims
When dogs attack and bite, the severity of injury caused to victims can vary greatly. From contusions and lacerations to disfigurement, suffering an attack by these pets can hurt one’s physical, emotional and financial well-being.
If you or someone you know experienced a traumatizing dog bite attack, reputable dog bite lawyers in NJ can help you obtain compensation for the following damages:
- Medical costs (current and future)
- Lost income
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Scarring and disfigurement
Under New Jersey law, dog bite victims typically have just two years to file a personal injury suit, so don’t delay and take action right away.
Defense Challenges to NJ Dog Bite Cases
One frustrating aspect of bringing a dog bite claim against a negligent pet owner in NJ is proving your case and defeating their defense.
In these tragic cases, a popular defense against liability is claiming that the victim had provoked the attack. State law isn’t clear what qualifies as a provocation. Still, it recognizes that blatant abuse of the animal, sudden movement, and even startling the animal could be considered such in some circumstances. There are other sneaky defenses that defense attorneys try to develop which a skilled dog bite lawyer like Peter Briskin can prepare you for.
Cases where insurance companies are involved will conflate any action on your part as a provoking behavior that led to the bite incident. Should the court agree with this view, your compensation could be reduced by the percentage of your personal liability for your injuries. However, any portion over 50% will eliminate your right to recovery.
Get Your FREE Attorney Consultation
Contact a reputable dog bite lawyer in NJ immediately if you or someone you love suffered a dog bite attack. Because the state imposes a two-year limit on filing a suit, it’s imperative you take action right away.