Dog Bite Injury Lawyers NJ

New Jersey Dog Bite Injury Attorneys At Your Service

As per the statistics provided by the Center for Disease Control and Prevention, an estimate of 4.5 million cases of dog bites occur every year in the United States. The American Society of Plastic Surgeons’ 2018 Report suggested that around 27,000 surgeries for reconstructive injuries were carried out in the year 2018 alone, and all of these reconstructive surgeries were the result of injuries suffered in dog attacks and dog bites. Furthermore, in America, a dog bite incident occurs every 75 seconds.  A person living in the United States of America, therefore, has a 1 out of 50 chances of getting bitten by a dog at some point in their lifetime.

The responsibilities resulting from the ownership of a dog extend to concerns not just for the owner, but for others as well.

As per New Jersey statutory law, specifically N.J.S.A. 4:19-16, if a person’s dog bites another person  while the other person is lawfully present in a private place or anywhere located in a public place, then the owner is held strictly liable for all resulting physical injuries and damages that the victim sustains as a result of the dog bite.  Strict liability attaches to the dog owner regardless of any prior indications about the dog’s vicious nature; the dog owner will be held strictly liable even if his or her dog had never attacked or bitten anyone prior to the victim in question.  The dog owner is “strictly liable”, meaning that the owner will have no choice but to incur the financial consequences and liabilities associated with the dog bite irrespective of the extent of precautions taken by him/her to restrain the dog, prevent the attack, as well as warn others.

At present, a “One-Bite Rule” is followed by sixteen states, providing the dog owners with protection from legal actions in case the dog bites someone for the first time, but that is not the law in New Jersey.  In the sixteen states that do follow the “One-Bite Rule” to help shield the dog owner from liability, if the victim successfully proves that the bite was a result of the owner’s negligence towards handling his/her dog or towards the dog’s vicious temperament, the victim can then successfully recover monetary compensation for their injuries.  Also in the states that follow the “One-Bite Rule”, the owner of the dog still has a legal duty to control his/her dog.  As a result, if the victim can prove by a preponderance of the evidence that the dog owner breached his/her duty in failing to control his/her dog, the victim can and will receive monetary compensation for the injuries they sustained in the dog bite incident.

How Do Dog Bite Settlements Work in New Jersey?

In New Jersey, dog owners are instructed by the law to take the following preventive measure:

• Getting the dog registered and acquiring a municipal or city dog license, including all required vaccinations.

In the event that an the animal control officer qualifies the dog as “dangerous”, a dog owner in New Jersey is required to:

• Post proper warning signs on their property
• Keep the dog indoors or restricted to indoor areas
• Leash the dog / muzzle the dog when in public areas

The first and foremost action that the victim of a dog attack incident must take is to seek medical treatment for the bite and other injuries from the attack.  The victim must contact the nearest police station or animal control agency in the locality and report the dog bite incident as soon as possible after its occurrence, thus ensuring that necessary actions may be taken against the dog owner.

An investigation is then conducted for collecting information about the owner of the dog as well as the dog which include information about whether the dog has been vaccinated or not, if the dog suffers from any contagious infections, and so on. Also, the evidence for supporting and proving the victim’s claim is sought during the police investigation.

Post-investigation, a hearing is held to address the matter. If the court concludes in favor of the victim, the dog owner can be ordered by the court to pay for the compensations;

The owner is required to pay for all the damages and injuries caused by his/her dog including the dog bite as well as the injuries from the attack and pouncing of the dog on the victim. The fee for counseling to help the victim recover from the trauma of the attack has also been paid by the dog owner. Furthermore, the loss of income during the victim’s recovery period shall also be compensated for by the dog owner.

Any potential defense for the dog owner? The statute does not consider any prior warning provided by the owner regarding the dog’s aggressive behavior or possible consequences, thus holding the owner strictly liable for the matter. However, if the owner is able to prove that the victim was trespassing on the owner’s property and the dog’s actions were for defending the owner’s home then the owner can avoid facing legal actions.

The owner can also put forth the argument of comparative negligence, thus shifting some weight of the fault to the victim’s part. Under this argument, if it can be proven that the victim also contributed in some manner to what led to the occurrence of the dog bite, the dog owner can avoid being held “strictly liable” for the entire matter. However, this argument does not nullify the fact that the victim has been bitten and some injury and damage has been caused, which requires compensation. But there can be a reduction in the cost of compensation by the proportion of the victim’s fault.

The victim must keep in mind that the New Jersey Dog Bite Law follows a strict deadline for filing the case with the state’s civil court. The deadline is set for two years from the date the dog bites event occurred.

Unlicensed Dog Fines In New Jersey

As per the NJ Laws, any person that owns a dog or cat of the age 6 months or above must register the pet with the municipality and a license needs to be acquired for the same within 10 days of bringing the dog or cat to the State.

In case a person fails to comply with the law, he/she shall be liable to pay a penalty fee worth $100.

Dog Biting Another Dog Law In NJ

Laws concerning a dog biting another dog are pretty similar to the laws for a dog biting a person, whereby the owner shall incur the cost for the treatment of the victim dog and all other related expenditures. The dog owner might also have to pay for the replacement of the deceased dog in case the attack was fatal, resulting in the death of the victim dog.

Hence, any person owning a dog in the States should carefully abide by the laws to avoid facing legal consequences. Contact Gencarelli & Rimassa Personal Injury Lawyers in NJ today for a Free Consultation at 201-549-8737.