Despite their reputation as man’s best friend, it’s important to remember that dogs are animals and, unfortunately, can be aggressive and violent. Dog bites and attacks in New Jersey can cause serious, lasting injuries leading to significant emotional damage, pain, and financial losses. Unlike many states, New Jersey implements strict liability, which can drastically impact the outcome of a claim. Please continue reading and reach out to our knowledgeable New Jersey personal injury attorneys to learn more about what to do after a dog attack, whether you qualify for a dog bite lawsuit, and how our firm can help you through the claims process ahead.
What are New Jersey’s Dog Bite Laws?
New Jersey adheres to a strict liability standard for victims of dog bites under N.J.S.A. 4:19-16. Essentially, this means that a dog owner can be held legally responsible for damages inflicted by their pet, even if the animal had never shown prior signs of aggression. As such, the injury victim does not need to prove that the owner knew the dog was dangerous. This differs from states that impose a “one-bite” rule, in which owners can face liability only if they knew their dog was dangerous.
New Jersey’s Strict Liability Rule
- Dog owners are liable if their dog bites someone on public property
- A dog owner is liable if the victim is lawfully on private property
- The victim does not need to prove prior aggressive behavior
- The victim does not need to prove that the owner knew the dog was dangerous
- Trespassers are not entitled to damages
Where Do Dog Bite Incidents Commonly Occur in Middlesex County?
It’s not uncommon for dog bites or attacks to occur in residential neighborhoods, public parks, and on sidewalks throughout Edison, New Brunswick, and the surrounding communities. This most commonly occurs due to the improper restraint of dogs.
Common Locations of Dog Attacks
- Public streets and sidewalks
- Public parks and recreational facilities
- Businesses that allow dogs on the premises
- Apartment complexes and buildings
- Private residences during social visits
What Should I Do After A Dog Bite?
The immediate aftermath of a dog attack can be incredibly stressful and overwhelming, especially if you have suffered injuries as a result. However, it’s important to understand that the actions you take in the immediate aftermath can have a significant impact, not only on your health and well-being, but also on your ability to fight for and recover compensation for damages. As such, remaining as calm as possible and taking the appropriate steps is critical.
Immediate Steps to Take Following a Dog Attack
- Call 911 to request police and medical assistance at the scene
- Allow EMTs to examine you
- Gather information from the dog owner, like their contact information and basic details about the dog
- Ask for proof of rabies vaccination
- Take photos and videos of the visible injuries you have sustained
- Gather the contact information of witnesses
- Preserve damaged clothing
- Report the attack to animal control
- Retain all medical documents and bills
What Injuries are Common in New Jersey Dog Bite Claims?
Dog bites can result in a number of injuries, both visible and hidden. Unfortunately, there is a common misconception that a dog’s mouth is cleaner, when, in reality, dogs’ mouths harbor a significant number of bacteria that can dramatically increase the risk of serious infection if the wound is not treated properly.
It’s also necessary to understand that children are particularly susceptible to serious injuries on the face and neck due to the height difference.
Most Common Dog Bite Injuries
- Puncture wounds and deep lacerations
- Nerve damage
- Infections, including rabies and cellulitis
- Fractures
- Permanent scarring and disfigurement
- Facial injuries
- Post-traumatic stress disorder (PTSD)
- Wrongful death in serious cases
What Compensation Can You Recover After a Dog Bite?
Victims of dog bites in Middlesex County and the surrounding area may be entitled to a number of economic and non-economic damages in the event the owner is found liable in accordance with New Jersey personal injury law.
Economic Damages
- Medical bills
- Ambulance expenses
- Plastic or reconstructive surgery
- Prescription medication
- Physical therapy
- Lost wages
- Reduced earning capacity
Non-Economic Damages
- Pain and suffering
- Mental anguish
- Scarring and disfigurement
- Psychological trauma
- Loss of enjoyment of life
What Must Be Proven in a New Jersey Dog Bite Lawsuit?
Though New Jersey implements strict liability for dog bites, victims must still prove negligence in order to recover compensation for damages.
Legal Requirements in a Dog Bite Case
As with any personal injury case, the victim must establish legal negligence. As such, the following four elements must be proven for a victim to recover the compensation they deserve:
- The defendant owned the dog
- The bite occurred on public property or while the victim was lawfully on private property
- The bite resulted in physical injury
- The physical injury directly caused measurable damages
Does Homeowners Insurance Cover Dog Bite Claims?
In many New Jersey dog bites and attacks, the dog owner’s homeowners or renters’ insurance will cover damages for the injured party, rather than the owner themselves.
Insurance Considerations
- Most homeowners’ insurance policies provide liability insurance
- Recovery amounts may be capped
- Insurance companies may seek to dispute the severity of the injuries
- Statements made to insurance companies can impact the outcome of a claim
- Breed restrictions may apply to certain policies
How Long Do You Have to File a Dog Bite Lawsuit in New Jersey?
Keep in mind that all those who have been wrongly injured are granted a certain amount of time to take legal action against the negligent party, known as the statute of limitations. Since the statute of limitations for personal injury claims in New Jersey is generally two years, in most cases, you will have two years from the date of the incident to sue. Do not wait past the statute of limitations, for if you do, you may be denied your right to compensation, even if strict liability applies.
Contact Our Experienced New Jersey Injury Firm
Stathis & Leonardis, LLC is an experienced personal injury law firm in Middlesex County, New Jersey that is committed to helping clients in Woodbridge, Piscataway, and the surrounding areas who have been hurt due to another party’s negligence. If you have been bitten or attacked by a dog, please do not hesitate to contact our firm today.
