How to Prove a Dog Owner’s Negligence in New Jersey
It’s often said that there aren’t bad dogs, just bad owners. At DiBartolo Law, our experienced dog bite injury lawyers are passionate about holding negligent owners accountable for any injuries. If you were bitten or harmed by a dog, schedule a free and confidential case analysis with our personal injury team in New Jersey today by calling (215) 874-8553 or connecting online.
Overview of New Jersey Dog Bite Laws
Every state has different ways of dealing with dog bite cases. Some states follow a ‘one free bite’ rule, which means owners are only liable for negligence if they had a reason to believe the dog was aggressive. New Jersey does not follow this rule. Instead, New Jersey is a strict liability state regarding dog bites.
Strict Liability
Unlike standard negligence, which requires some careless conduct, strict liability means that the negligent party’s mental state isn’t relevant to the claim. If your personal injury attorney proves the elements outlined in the state’s dog bite statute, the dog’s owner is liable for your injuries even if she did not know of the dog’s viciousness.
Elements of Dog Owner Negligence
The state’s dog bite law, contained in New Jersey Rev. Stat. § 4:19-16, sets forth the elements required to hold dog owners strictly liable for your injuries. To recover damages in such cases, the legal counsel must show the following:
- Dog Bite: The dog bit you, which usually means the dog’s teeth damaged or penetrated your flesh. The state’s general negligence laws cover injuries caused by overly playful dogs, such as falls.
- Lawful Presence: You must show that you were bitten in a public place, such as a dog park, or while lawfully present on private property. This means you were performing a duty on the premises, such as delivering the mail, or you were there with the express or implied consent of the owner. Trespassers and those present without an explicit invitation cannot recover damages under this law.
- Damages: In any tort case, you must show that you suffered an injury from the bite. This may mean physical injuries, such as infections, scarring, or significant emotional injuries.
Remember, it does not matter if the dog has never bitten or harmed anyone. The owner is strictly liable for your injuries in most cases. This includes if the dog injured you while walking with another party, such as a dog walker.
Damages Available to Victims
New Jersey law states that the owner is liable for such damages as you suffered due to the bite. In most cases, these damages include the following:
- Emergency medical expenses
- Shots and Medications
- Therapy
- Cosmetic restoration procedures
- Lost income
- Physical pain
- Emotional suffering
Experienced personal injury lawyers can analyze the facts of your case to maximize available damages, which may include past expenses and future anticipated losses. Most viable dog bite cases settle with the liable property insurer.
Connect with a Compassionate Dog Bite Injury Lawyer in New Jersey
We love dogs at DiBartolo Law, but some pets need a firm hand. If you were bitten by a dog in New Jersey, the owner may be liable for your damages. Contact our experienced personal injury team for free today online or by calling (215) 874-8553.
215-874-8553