Dogs are usually known to be friendly, loyal creatures, especially around children. However, interactions could turn dangerous if the animal bites or attacks. If your child has been bitten and you are considering filing a lawsuit in NJ, here are some things to consider.
Below, learn about dog laws in the Garden State and when parents of young victims can pursue personal injury claims.
Understanding New Jersey’s Strict Liability Law
If a dog bites or attacks someone, the medical costs to treat the injury become the owner’s responsibility. New Jersey follows a strict liability rule, meaning that the animal’s owner is liable for the victim’s medical care, regardless of the dog’s history.
The law applies if the incident occurs on public property, such as a park or beach. A child’s medical costs are also the owner’s responsibility if they have a legal right to be on private property. For example, if a friend invites you to their home or they bring their dog to your home, they’re liable for any physical harm the animal causes.
Common Dog Bite Defense Strategies
In response to a dog bite lawsuit in NJ, a pet’s owner might claim certain defenses. Instances of trespassing and provocation remain common defense strategies to minimize the owner’s liability. If a child enters the property without permission or provokes the dog in any way, the owner could insist that they’re not liable.
These claims may differ when the victim is a child versus an adult. Children may not fully understand property boundaries or the potential consequences of their behavior. Therefore, courts could deem the owner fully liable for medical costs and other damages.
Why Parents Often Pursue Compensation for Their Child’s Dog Bite Injury
A dog attack can have long-lasting effects on a child. The incident can take a physical, emotional, and financial toll on families, as young victims may experience injuries like:
- Soft tissue damage
- Broken bones
- Puncture wounds
- Deep lacerations
- Canine-transmitted infections
They may also have nightmares or develop severe anxiety around dogs due to the attack. Parents have to provide medical and mental health care to enhance their child’s well-being. In an effort to receive compensation for the pain and suffering, they may file a dog bite lawsuit.
After seeking prompt medical care, parents should report the incident to local authorities, such as police or animal control officials. They can gather other pieces of evidence to support their claim. This could include photos of their children’s injuries or statements from those who witnessed the attack.
Finally, they should consult a dog bite attorney to review their options. Legal professionals can explain the process of filing a personal injury claim and explore potential outcomes, such as a settlement or trial.
Uncovering Potential Compensation in Dog Bite Claims
After a dog bite puts your child in harm’s way, you may seek compensation for your losses, including:
- Medical treatment
- Rehabilitation costs
- Mental anguish
- Reduced quality of life
- Overall pain and suffering
Homeowners’ insurance policies may offer dog bite liability coverage. However, if an owner is uninsured, you may have grounds to sue them directly.
Seek Legal Advice From an Experienced Child Injury Lawyer
If you are considering filing a dog bite lawsuit on behalf of your child in NJ, you’ll need a knowledgeable personal injury attorney on your side. Turn to Ostroff Godshall Injury and Accident Lawyers for answers to common questions regarding dog owner liability and personal injury cases involving minors.
We have over 25 years of experience and represent clients in both Pennsylvania and New Jersey. Reach out to us today at (855) 521-4406 to schedule a free consultation.
Frequently Asked Questions (FAQ):
Q: What is New Jersey’s strict liability law regarding dog bites?
A: New Jersey’s strict liability law means that a dog owner is responsible for the victim’s medical costs if their dog bites or attacks someone, regardless of the dog’s prior history. This applies on public property or private property where the victim has a legal right to be.
Q: Can a dog owner claim a defense if a child provoked the dog?
A: While provocation is a common defense strategy, courts may view these claims differently when the victim is a child, as children may not fully understand property boundaries or the potential consequences of their behavior. Therefore, the owner could still be deemed fully liable.
Q: What kind of compensation can parents seek in a dog bite lawsuit for their child?
A: Parents may seek compensation for medical treatment, rehabilitation costs, mental anguish, reduced quality of life, and overall pain and suffering. Homeowners’ insurance policies may offer coverage, or parents may have grounds to sue the owner directly if uninsured.
