Whether you are at a family member’s house or are attacked at a dog park, a dog bite can be a frightening and traumatic experience and can also produce serious physical injuries. For the most part, dogs are friendly and do not pose a threat. However, some dogs can turn on a dime and become aggressive and start biting – even if they’ve never bitten anyone before. When a dog does cause injury, then the injured person can seek compensation for their injuries under New Jersey law.
NJ Dog Bite Law: Strict Liability
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.
One Bite Rule
This law, like the laws in many other states, overrules the “one bite rule” that was the law in most states. This rule required that the victim prove that the dog’s owner was negligent, and since the owner didn’t bite the victim, the only way the owner could be negligent is if he or she knew that the dog was vicious.
If the dog had bitten someone before, then the law would allow the jury to infer that the owner knew of the previous bite and still allowed a second victim to be bitten. New Jersey’s strict liability law does away with that rule and puts the liability on the dog owner even when there was no negligence.
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.
Lawyer for Dog Bite Injuries in NJ
At the Pearce Law Firm, P.C., we understand how painful a dog bite can be, and that it can cause serious and lasting injuries. Some of the common injuries that we’ve seen in dog bite cases are:
- Deep and severe lacerations and punctures
- Muscle and nerve damage
- Fractured and crushed bones
- Infections
- Permanent Disfigurement
- Scarring
- Rabies
- Emotional Stress
Lawsuit for Damages for a Dog Bite Injury in New Jersey
New Jersey law allows a dog bite victim to seek certain monetary damages from the owner of the dog. These damages are designed to compensate the victim for their medical bills and other financial losses including the suffering of pain and the emotional stress that comes with a dog bite. Some of the damages allowed under New Jersey law are:
- Medical bills
- Past and future lost or diminished earning
- Pain and suffering
- Any permanent disability
- Lost time from work
- Loss of quality of life
- Mental anguish
- Any permanent disfigurement
Contact an NJ Dog Bite Lawyer Near You
After any accident involving a serious injury, contact a Cherry Hill 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.
NJ Dog Bite Attorneys Near You
Man’s best friend can become your worst nightmare in an instant. Nearly 60 million households in the United States are home to at least one dog, and many New Jersey residents undoubtedly encounter dogs at the park, near the ocean, or while on a leisurely stroll around their neighborhood. Any one of these dogs – even a dog you know and recognize well – is capable of biting you or a loved one.
When you or a loved one has been bitten or attacked by a dog in New Jersey, your life can be turned upside-down. You may require expensive medical treatment and ongoing therapy in order to fully recover from your injuries. You may need to miss work for days or weeks, resulting in a decrease in household income. This only adds to the mental anguish and pain you experience and the activities you are no longer able to enjoy as a result of the attack. You need an experienced New Jersey injury lawyer at your side.
Fortunately, the New Jersey dog bite attorneys of The Pearce Law Firm are here to help you and may be able to assist you in recovering monetary compensation for your dog bite injuries and related losses.
Dog Bite Statistics
Dog bite incidents happen much more frequently than you might think. According to a 2008 study, approximately 1,000 U.S. citizens require emergency treatment for dog bites and dog attacks each day. Some estimates by the Centers for Disease Control and Prevention hold that over 4 million people in the U.S. suffer dog bite injuries each year. Of these, almost 900,000 incidents are serious enough to require treatment at an emergency room or hospitalization.
Did you know:
- Dog bite attacks can cause a variety of injuries such as cuts and lacerations, puncture wounds, internal bleeding, amputation and disfigurement, and can transmit illnesses like rabies?
- Although some dog breeds, such as pit bulls, are statistically more likely to bite than others, any dog breed has the potential to bite you or a loved one?
- The majority of dog bite victims are children?
It is estimated that dog bites and dog attack injuries cost approximately $10 billion in annual medical expenses.
What to do if Bitten by a Dog
If a dog bites you and causes an injury, the first thing to do is to get safe and then get medical treatment. If it’s possible to do so without being in further danger, you need to get pictures of the dog, the place where it happened and get information from any witnesses to the attack.
After you are well enough, then you should speak to an attorney who knows the laws regarding dog bites. Before you do, don’t speak to the owner of the dog or any attorney representing the owner of the owner’s homeowner’s insurance.
Why Do Dogs Attack?
Some dogs do not get nearly the amount of training needed to prevent an attack. Some dogs are trained TO attack. Of course, dogs attack when provoked, and that’s usually what an insurer will say, especially after a child is bitten. However, that’s usually not true and children are rarely to blame for someone’s vicious animal attacking them.
A recent article in Psychology Today outlines 14 dog breeds blacklisted by insurance companies due to the high risk of attack they pose. The list includes the following dog breeds:
- Pit bulls;
- Rottweilers;
- German shepherds;
- Doberman Pinschers;
- Great Danes;
- Chow Chows;
- Mastiffs;
- Malamutes; and
- Huskies.
Bully Breeds do make up a very large portion of attacks. And, their attacks often make the news as many bully breeds “hold and shake”, causing significant tissue, muscle, tendon, and even bone damage. Some attack victims even suffer certain forms of anxiety or PTSD after an attack, and other victims with minor bites may later discover infections, scarring, or nerve damage.
This all said, not all dogs are inherently bad just because they’re “pit bulls”. There are dozens of dog breeds people call “pit bulls” such as American pit bull terriers, Staffordshire terriers, Staffordshire bull terriers, bullmastiffs, American bulldogs or any mix of these breeds. However, studies do show that over 50% of dog bites to children are indeed from bully breeds. Anyone who has an aggressive dog should keep a very close eye on it.
NJ Neighborhoods with Dangerous Dogs
Neighborhoods with high crime and drug use rates have long been thought of as hotbeds for aggressive dog breeds. People in these neighborhoods often feel compelled to get potentially aggressive guard dogs, such as German shepherds, for protection, and criminals often use breeds such as rottweilers and pit bulls to intimidate others and alert them to law enforcement. At the same time, many people defend breeds considered dangerous on the grounds that aggressive dogs are more a result of nurture than nature. As a result, potentially dangerous breeds can be found in any city or town.
Most Dog Bite Victims Know the Owner
Sometimes we meet people who do not like to sue or don’t want to ruin their relationship with the dog owner. However, people have insurance for a reason and your friends probably want to see you compensated for their dog’s viciousness. If this is a concern to you and you or your child was attacked in a friend’s home or at a playground, be sure to speak to an attorney.
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.
Dog Attacks at NJ Playgrounds
Some dog bite attacks take place at a playground. At times, an owner may not be present. New Jersey is a strict liability dog bite state. That means that dog owners are almost always responsible for their dog’s actions. Even if the dog has never shown any aggression in the past, people who have been attacked may hold the dog’s owner liable.
Children Victims
For a child, a dog bite is especially traumatic. It can physically and emotionally scar a child for years if not their whole life. Edith Pearce is considered by her peers as a compassionate and tough advocate for injured children.
She knows how precious a child is to their parents and family members and will work tirelessly getting justice and fair compensation for the victims of a dog bite.
In-Home Dog Bite Injury Claims in NJ
When making an in-home dog bite claim in New Jersey, the law requires that you were invited on the property and were not a trespasser. This is important because it establishes the basis for a dog bite claim. If the owner allowed you on their property and the dog bites, then you have a claim.
To be invited doesn’t necessarily mean that each time before you walk on the property you get permission, but it is created by past circumstances and precedence. If you routinely go over to your neighbors or your relative’s house and just walk in, and in the past they were ok with this, then you are considered to be invited.
New Jersey Dog Bite Laws
N.J. Stat. § 4:19-16 governs the legal liability a dog owner faces after his or her dog bites another. Like most other states, the general rule in New Jersey holds a dog owner responsible for all the injuries his or her dog causes to another in a dog bite or attack. This is true even if the dog’s owner had no knowledge that the dog was prone to violence or even if the dog had never previously attacked another person.
There are exceptions to this general rule, however. A dog owner may not be responsible for injuries caused to a trespasser who is trespassing on the owner’s private property. Similarly, if another person was partly responsible for the incident – a negligent professional dog-walker, for instance – then you may need to also bring suit against that other individual in order to recover the maximum amount of compensation.
The experienced and knowledgeable South Jersey dog bite attorneys at The Pearce Law Firm are best suited to evaluate the facts of your dog bite or dog attack incident and determine what compensation – and from whom – you may be entitled to receive.
NJ Dog Bites in the News
Police release video of dogs ‘terrorizing’ Little Egg Harbor, New Jersey community
Four people were bitten, two of them severely, by a pack of three dogs roaming a neighborhood in Little Egg Harbor Township Monday afternoon, February 3, 2020. A video shows a man defending himself against the three dogs by swinging a pipe at them while slowly retreating to safety. The dogs can be seen lunging at the man while avoiding the pipe. The man told ABC Action News that he had been bitten on his thigh through his jeans.
Three other people were reportedly bitten as well, one down to the bone. Police say that all three dogs are owned by one person who now faces charges. The dogs have been seized and will be held until a trial to determine their fate.
Police also say that the dogs have been aggressive before even being seized when they attacked someone in the same neighborhood. However, the dogs were returned to their owner, but will likely not be returned after a hearing next month.
Why You Need a New Jersey Dog Bite Attorney
You may feel as if your dog bite injury case is “clear cut” and that you do not need an attorney to represent you. However, there are any number of potential problems with a dog bite case that can result in you receiving less compensation than you would otherwise get with an attorney’s assistance:
- You may not be able to identify the owner of the dog;
- You may not identify and bring suit against all parties responsible for your injuries; and/or
- You may not know how to admit certain crucial evidence and/or testimony to support your case.
The Pearce Law Firm can help you locate and preserve important evidence and persuasively present your case and claim in court. We vigorously represent our clients’ interests in court and out of court so they and their families can focus on their recovery following a dog bite attack. Contact The Pearce Law Firm at (215) 600-1433 or contact The Pearce Law Firm online to schedule a free initial consultation today.
