If you or a family member were attacked by a dog and suffered serious injuries, New Jersey dog bite laws can help you receive compensatory damages. While most are straightforward regarding issues of liability and compensation, filing a personal injury claim can be complex, especially if you do not have in-depth knowledge of how these laws affect your case.
New Jersey Uses Strict Liability
As a strict liability state, New Jersey does not require dog bite or attack victim to prove negligence of the animal’s owner when pursuing a personal injury claim for the harm they suffered. This is advantageous for victims of such traumatic incidents because liability automatically falls on the owner for incidents on public property or even on private property when there with permission of the owner. This responsibility holds true even if the dog does not have a prior history of aggressive behavior, including biting.
In situations where you were attacked while on the owner’s property, you will need to show you were legally present. Typically, being invited there or lawfully on the grounds to complete a task like delivering a package qualifies. If trespassing, this could absolve the dog’s owner of liability for the attack.
Insurance Companies Abuse NJ Comparative Negligence Laws
Another critical aspect of personal injury and New Jersey dog bite laws is that the state uses a comparative negligence approach when determining compensation. Essentially, if you were to somehow contribute to the injuries you sustained, like provoking the dog intentionally, your settlement could be reduced.
Only a jury of your peers presiding over your case can determine the percentage of responsibility you should bear for your injuries. If you contributed more than 50% to the circumstances that led to your getting hurt, then you will not be allowed to recover damages under the law. For cases where a plaintiff is 50% or less liable, their ordered award would get reduced by that percentage amount.
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After being attacked by a dog, you may only be focused on your recovery. While this is important, you need to remember that New Jersey dog bite laws only allow you two years to file a personal injury claim. The clock starts ticking from the day you sustained your injuries, which makes hiring a skilled dog attack attorney from the Law Office of Peter Briskin, P.C. essential. Contact our firm for a free case evaluation anytime and learn more about how we can help you receive the compensation you need.