With several wonderful dog parks, like Cooper Ridge Dog Park, in Cherry Hills and the surrounding areas, it is no wonder that dog owners are bringing their beloved pups for some fresh air and play with other dogs. There are few restrictions that give the owners and their dogs the freedom to play and spend time together.
However, with this freedom comes the risk of dog attacks. Dogs can get over-excited, territorial and aggressive. Dog attacks are the result of these behaviors, some of which cause serious injuries to the victim.
Dog Bite Claims in New Jersey
In New Jersey, an owner is responsible for damages when their dog bites another person. This is called strict liability as it doesn’t require the victim to prove that the owner was negligent. However, a victim has to show that certain circumstances existed:
- The victim must have been in a public place, or
- The victim must have been Invited to a private place when bitten, or
- The victim must have been otherwise lawfully on the private property.
Provocation
Many states have a requirement that the victim not have provoked the dog prior to the attack, however, New Jersey law doesn’t have such a requirement.
Dog Park Bite Injury Claims
In New Jersey, a dog park will be considered a public place for determining liability in a dog park attack. This means that if the dog attacks anyone in the park, then the owner of that dog is liable for all damages that come from the attack.
This is true even if the property is private property because by paying for the right to access the park, the victim is then considered lawfully on the premises.
Can You Sue the Owner of the Park?
Many times, the owner of the dog might not have homeowner’s insurance and doesn’t have enough money to pay thousands of dollars in compensation. In those cases, the victim can sue the dog park directly.
Privately Owned Dog Parks
If the dog park is privately owned, then a victim of an attack can sue the owner of the park but must prove that he or she was negligent. The strict liability aspect of a dog bite does not extend to the park owners.
This means that if the owner didn’t have safety rules, or didn’t enforce them, or was in some other way
Types of Compensation a Bitten Person can Seek from Dog Park Bite Injury
Dog bites cause a host of problems that many don’t think about. Under California law, a person can seek any financial loss they suffer from the incident as well as intangible losses like mental anguish.
- Medical Bills
- Lost time from work
- Permanent disability
- Permanent Disfigurement
- Transportation
- Rehabilitation
- Pain and suffering
- Loss of quality of life
- Loss of Consortium (physical intimacy)
- Mental anguish, including PTSD
Contact a South Jersey Personal Injury Lawyer.
After any accident involving a serious injury, contact a South Jersey Personal Injury Lawyer such as Edith Pearce. Unlike the huge firms with dozens of attorneys and many different attorneys handling different aspects of your case, Edith Pearce is personally involved in every case that we handle. She genuinely cares about her clients and you will not be treated like just another case or file.
Contact The Pearce Law Firm, P.C. at (856) 354-5688 for a free consultation and case evaluation. We handle clients in both New Jersey and Pennsylvania.