Dog Bites and The Law: Who Bears Responsibility in New Jersey?
The CDC (Centers for Disease Control and Prevention) states that approximately 4.5 million dog bites happen in the United States every year, with 800,000 of those bites requiring medical attention. In many cases, victims get serious injuries like cuts, puncture wounds, infections, nerve damage, and even disfigurement.
In New Jersey, the law regarding dog bites is based on strict liability. This means that dog owners are responsible for any injuries or damages their dogs cause, even if the dog has never shown any aggressive behavior in the past. This is in contrast to other states, where the law may require the victim to prove that the owner was negligent in controlling their dog.
New Jersey law does make a few exceptions to strict liability, such as if the victim was trespassing on the owner’s property at the time of the attack or if the victim provoked the dog. Also, the owner may not be responsible if the dog was a police or military dog and the attack happened while the dog was doing its job. However, in the majority of cases, the dog’s owner will be liable for any harm or damage the dog causes.
It’s important to note that New Jersey also has a “one-bite” rule. This means that if the dog has not previously shown any signs of aggression or bitten anyone, the owner may not be aware of the dog’s dangerous propensities. In this case, the owner may not be strictly liable for the first bite. If the owner was aware of the dog’s aggressive tendencies, they may still be held liable.
If a dog bites someone, the victim may be entitled to compensation for their injuries. This can include medical expenses, lost wages, and pain and suffering. If the victim wants to pursue legal action, they may do so within two years from the date of the attack. After this time, they may lose their right to seek compensation.
Steps to Take After a Dog Bite
If you or a loved one has been bitten by a dog, it’s important to take the following steps:
1. Seek medical attention:
Even if the bite seems minor, it’s important to seek medical attention to prevent infection and ensure that the wound is properly treated.
2. Report the incident:
Report the incident to the police or animal control, as well as the dog owner if possible. This will create a record of the incident and help to establish liability.
3. Consult with a personal injury attorney:
An experienced personal injury attorney can help you understand your rights and options and can help you pursue compensation for your injuries and damages.
Contact Drazin & Warshaw Today For a Free Consultation About Your Personal Injury Case
At Drazin & Warshaw, we have a team of experienced personal injury attorneys who can help you understand New Jersey’s complex laws about dog bites. We understand the physical and emotional trauma that can result from a dog bite, and we will work tirelessly to make sure that you receive the compensation you deserve. Contact us today for a free consultation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
