Dog Bites
Dog bites in New Jersey can be a serious matter for both the victim of the dog bite and the dog owner. Dog bites can be very serious and even disfiguring. However, even a lesser bite can spell trouble for all parties involved and fall under personal injury law.
If your dog bites someone and causes harm—whether physical or emotional—there is potential for that person to bring a personal injury lawsuit against you as the dog owner. Therefore, being a responsible dog owner means getting acquainted with dog bite laws.
Understanding the Dog Bite Statute in New Jersey
In New Jersey, the statute confers liability to the dog owner for any dog bite injury that happens in a private place or while legally present in a public place. NJ dog bite laws state that the dog’s owner is “strictly liable” for injuries caused by the dog bite, meaning that owners are responsible for their dogs’ actions, even if the owners were not negligent. This means that the owner is responsible, even if the dog has never bitten someone before or not even shown any violent or ferocious propensity.
Dog bite victims have two years in which to file a lawsuit. If you were trespassing on the property, you cannot sue.
Landlords may be held liable for dog bite injuries when they allow dangerous animals on their property without warning tenants or workers. It is particularly important to make sure that your dog is controlled when children are around.
In the State of New Jersey, a dog (or any domestic animal) that scratches or bites a human must be quarantined for 10 days for rabies observation (paid for by the owner). The animal control or health officer will evaluate the dog and determine if it is healthy. In the case of serious attacks or signs of viciousness, the officer may order the animal to be euthanized.
Dog Owner Liability in Dog Bite Cases
Dog owner liability in dog bite cases states that the owner is liable regardless of:
- whether there were prior indications that the dog may bite (or appears to be vicious).
- the owner’s knowledge of prior viciousness.
- the owner’s attempts to restrain the dog or protect or warn other people about the dog’s behavior.
- proof of carelessness or negligence on the part of the dog’s owner (no need for the victim to prove this).
New Jersey dog bite laws also extend liability to owners whose dogs have tendencies that may seem playful or friendly, such as jumping on someone when excited.
The only exception to this liability rule is if the victim is found to have taunted the dog.
Note that the injured party might qualify for compensation for non-bite injuries, but the strict liability statute generally does not apply in those cases. An attorney can advise you appropriately.
Compensation for Dog Bite Victims
Awarding compensation for dog bite victims is straightforward. There’s no need to prove owner negligence or carelessness. The dog bite is all the proof that is needed.
The amount of compensation for dog bite victims depends on the extent of the physical injury as well as medical bills, loss of wages, impacts on the victim’s life, and the emotional effects of the injury. Going to trial or settling out of court also influences compensation level. Punitive damages can be assessed against the dog owner in certain extreme cases.
Steps to Take After a Dog Bite Incident
If you were bitten by a dog, you must protect your legal rights if you plan to sue. Steps to take after a dog bite incident are to seek medical attention, gather and document evidence about the dog bite, and contact a personal injury attorney with experience handling dog bite cases.
- Especially if you have a deep dog bite wound, bites on the face, broken bones, heavy bleeding, or severe injury, get to the emergency room or urgent care center right away. Any time a dog bite breaks the skin, there is a risk of infection and rabies prevention may be needed. Having medical attention on record is important to prove the seriousness of your injury. Keep records of medical attention and medical bills.
- Evidence to compile includes the name and contact information of the dog owner (critical in New Jersey for getting compensation) and any information about the dog, including its vaccination status. Contact the police or animal control to help you if the owner is not present. Get witness statements (and contact information) if possible. Don’t discuss anything, just gather the facts. Include visual evidence and a detailed written account of the incident.
- Report the incident to local police and animal control office and get a copy of the official report.
The last step: contact a personal injury attorney.
Why You Need an Experienced Dog Bite Attorney
An experienced dog bite attorney will explain the New Jersey dog bite laws, your rights as a dog bite victim, and the legal options available to you. You should leave the consultation with an understanding of what’s possible in terms of a lawsuit, and the process to file a claim and seek compensation.
Frequently Asked Questions About Dog Bite Claims
Who Is Responsible for a Dog Bite Claim?
The dog owner’s insurance company (homeowners or renters) usually covers a dog bite claim, particularly when the attack takes place on the insured’s property. Likewise, a personal liability umbrella would also provide coverage. Coverage varies among insurance companies and sometimes by breed, with certain companies having an exclusion for certain breeds.
What Compensation Can I Receive for a Dog Bite?
Dog bite victims may receive compensation for medical bills, lost wages, scarring, and mental anguish.
What Should I Do After a Dog Bite?
Exchange contact information with the owner, get the dog’s license number and vaccination status. Seek medical attention for the injury. Do not discuss your injuries or medical treatment with the dog owner or witnesses. Take photos of the injury and any evidence associated with the attack. Contact an experienced dog bite attorney to determine if you have a personal injury claim.
Contact Our Experienced New Jersey Lawyers Today
At Britcher, Leone & Sergio, our personal injury attorneys will advise you of what to expect regarding legal action and discuss potential compensation based on our medical experts’ assessment, your unique injury, and the circumstances surrounding the dog bite incident.
As a leading NJ personal injury law firm, our experienced New Jersey lawyers are here to stand up for your rights and just compensation. Contact our team to schedule a consultation regarding your dog bite injury.