In most states, including New Jersey, the law holds dog owners strictly liable for injuries caused by their pets, regardless of whether the dog had previously shown aggressive behavior or not. This means that if a dog bites someone on your property, the owner can be held legally responsible for the victim’s injuries, even if the owner took reasonable precautions to prevent the attack.
New Jersey’s Dog Bite Statute
New Jersey has a specific statute that governs dog bite cases, known as the “Dog Bite Statute” (N.J.S.A. 4:19-16). Under this law, the owner of a dog is liable for any injuries caused by their pet, provided that the victim was lawfully on the property where the bite occurred. This includes situations where the victim was an invited guest, a worker performing their duties, or a person legally permitted to be on the premises.
Premises Liability
In addition to the dog owner’s liability, the property owner may also be held responsible for injuries sustained due to a dog bite on their premises. This is known as premises liability, and it applies when the property owner knew or should have known about the dog’s propensity for aggression and failed to take reasonable steps to prevent the attack.
Comparative Negligence
In some cases, the victim’s own actions may contribute to the incident, leading to a reduction in the amount of compensation they can receive. This is known as comparative negligence. For example, if the victim provoked or teased the dog, or entered an area clearly marked as off-limits, their compensation may be reduced proportionally to their degree of fault.
Legal Remedies
If someone has been bitten by a dog on your property, it is crucial to seek immediate medical attention and document the incident thoroughly. This includes taking photographs of the injuries, gathering witness statements, and obtaining the dog owner’s contact information and proof of ownership.
The Law Office of Peter Briskin, P.C. can assist in navigating the legal process and pursuing compensation for injuries sustained. We will thoroughly investigate the circumstances surrounding the dog bite, gather evidence, and build a strong case to protect rights and ensure fair compensation for damages, including medical expenses, lost wages, pain and suffering, and any other applicable damages.
Dog bite incidents on your property can have serious legal implications, both for the dog owner and the property owner. It is essential to understand your rights and responsibilities under the law and seek the guidance of an experienced personal injury lawyer. At The Law Office of Peter Briskin, P.C., we are committed to providing clients with the highest level of legal representation and ensuring their interests are protected throughout the entire process.