Tried And True Attorneys Standing Up For The Injured Since 1965

Photo of Craig R. Fishman
Photo of Craig R. Fishman

Tried And True Attorneys Standing Up For The Injured Since 1965

Your rights following a dog bite, attack or related injury

On Behalf of | Jun 20, 2024 | Injuries |

Dogs and humans have an established camaraderie for centuries. Known as man’s best friend, dogs continue to be a common household pet. While this longstanding history of trust and companionship with dogs have created an image of dogs being kind and obedient, the reality is that these domesticated pets are still animals with animal instincts. This means that something could suddenly trigger even the calmest dog, resulting in a bite or an attack to the presumed threat.

A dog bite or attack can be a very frightening and painful incident. It can happen quickly, making it difficult to ascertain what happened or how it occurred. Thus, it is important to consider certain factors leading up to the bite or attack, and what role you, other individuals and the dog owner played in the incident.

New Jersey dog bite laws

In New Jersey, their laws apply strict liability for dog bite. This means that in the event of a dog bite or an injury caused by a dog attack, the victim does not need to prove that the dog was known to be vicious. This law only applies to when the victim was on private or public property legally. This means, strict liability will not apply in cases when the victim was trespassing when the dog bit or attack occurred.

It should be noted that this strict liability statute is only applicable in matters involving a bite or an attack. For example, it will not be applicable if a careless dog owner caused a dog to run into the street and cause a car accident. Rather, this case would be a claim of negligence.

Negligent dog owner

If a victim is making a claim of negligence against a careless dog owner in New Jersey, this involves injuries that were not a result of an attack by the dog but rather a direct result of the owner’s negligence.

In a negligence claim, the victim must prove two things. First, that the owner failed to meet their duty of care or breeched this duty when it comes to taking reasonable care to control their dog. And second, they must prove that because of this failure or breech, the dog caused injury to them.

Suffering injuries in a dog bite or an incident related to a negligent dog owner can be a difficult and traumatic experience to navigate. However, you have rights, and filing a personal injury action may be in your best interests. This civil suit could help you recover compensation, which could help offset the losses and damages caused by the incident.

 

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