NEW JERSEY DOG BITE / DOG ATTACK LAW

The following informative article is brought to you by Peter Briskin, Esq. a dog bite lawyer in NJ with extensive experience investigating and litigating dog bite incidents and recovering money for his clients who are victims of all types of dog bites throughout the state of New Jersey.

The following information is not legal advice but merely an introduction to the issues involved when someone consults with me concerning a dog bite or dog attack incident.

If you’ve been bitten by a dog in the state of New Jersey there is a 2-year statute of limitations. In other words, you have two years to bring a lawsuit to recover money for your injuries and losses and for compensation for your pain and suffering related to your dog attack injuries.

New Jersey’s law pertaining to dog bite injuries is codified in a statute. Specifically N.J.S.A. 4:9-16.

The statute imposes liability on the dog’s owner when the victim was bitten in a private place or lawfully in a public place, regardless of any prior indications of the dog’s potential to behave viciously, or the owners’ knowledge of any previous viciousness.

This is called a “strict liability” statute. Even if the owner used reasonable care in restraining their dog or made efforts to protect or warn others of the dog’s potential to behave viciously, he or she can still be held liable. (This is in stark comparison to the laws of other states (i.e. New York) which often require proof that the dog involved in the incident had “vicious propensities”. Many people and even some NJ dog bite attorneys erroneously refer to this as the “one bite rule” or “one free bite rule”)

New Jersey’s dog bite law does not create a defense for “provocation”. The law does, however, provide a defense for individuals who are bitten while trespassing.

If the statute does not apply (claims against someone other than the dog’s owner, claims against the owner of the property where the dog is kept, etc.), a cause of action can still be based upon traditional common law theories of negligence.

If an independent contractor (i.e., someone who is caring for a dog) has knowledge of its viciousness, that person’s claim may be unsuccessful based upon the legal theory of “assumption of risk”. To better determine how this statute will impact your injury case, speak with a highly qualified dog bite lawyer in NJ about the circumstances of your case.

COMPARATIVE NEGLIGENCE IN NEW JERSEY DOG BITE CASES

New Jersey’s Comparative Negligence Act may further impact claims in dog bite cases. This is because according to New Jersey’s Comparative Negligence Act if a jury were to attribute more than 50% of the fault to the person bringing the claim, that person would not be able to recover any amount of money from the at-fault person(s). The silver lining to this cloud, however, is that not all persons can be held comparatively negligent, which largely depends on the age of the victim. This is why it is critical to consult with a top dog attack law firm in New Jersey about your case right away.

WHAT HAPPENS IF YOU WERE ATTACKED BY A DOG IN NJ, BUT WEREN’T ACTUALLY BITTEN?

As a result of a dog attack, you may have only suffered scrapes, cuts, injuries to so-called “soft tissue” (such as the spine and spinal cord, neck and back or shoulders, knees, wrists, and other joints), or emotional/psychological injuries. In this case, although the strict liability statute would not apply, there is still a path to recovery under general theories of negligence.

CONTACT LAW OFFICE OF PETER BRISKIN | NEW JERSEY DOG ATTACK ATTORNEYS

Dog bite injuries can be very serious and often have residual effects that are quite substantial. It is, therefore, important to consult with an NJ dog bite and attack lawyer who has the experience and tools to gather all important information, initiate a thorough investigation, collect evidence while it is fresh, and aggressively pursue compensation for the injuries you have suffered.

If you have suffered dog bite injuries in New Jersey, it is in your best interest to contact the Law Office of Peter Briskin to consult with an experienced New Jersey dog bite attorney near you. A lawyer who can represent you in your dog bite injury lawsuit and obtain for you the compensation you deserve. Call us today at (908) 279-7979, or fill out our contact form to tell us about your case.