Dog bites can cause serious long-term injuries and disfigurement requiring ongoing medical treatment. If an animal attacks you while you’re lawfully on someone’s property, you may be entitled to file a dog bite lawsuit in New Jersey.
Below, the legal team at Ostroff Godshall Injury and Accident Lawyers discusses what you need to know about building your personal injury claim after a canine attack.
Who Is Liable for Your Dog Bite Injury?
New Jersey enforces strict liability for dog bite claims, meaning dog owners are held responsible regardless of any previous bite history or whether the animal has been classified as “dangerous.” Essentially, if you’ve been bitten by a dog while legally on someone’s property, you may often sue the owner without needing to prove that the animal was dangerous. Under strict liability law, you can file a dog bite lawsuit in New Jersey for any degree of injury, though your damages will directly impact the compensation you may pursue.
While dog owners are often liable for their animals, special circumstances may arise. For example, if the owner wasn’t around when the attack happened, a property owner, caretaker, or landlord may be responsible for your injuries. To establish negligence in these cases, you often must prove that the person in charge knew that the animal was dangerous and failed to take protective measures.
How New Jersey Defines Dangerous Dogs
You may need to establish that the dog was legally dangerous if the liable party was not the dog owner. Canines may be considered dangerous if:
- You did not provoke the attack, and the bite caused serious injury.
- The animal has a prior bite record or a history of aggressive behavior.
- A local animal control authority or municipal court has deemed the dog to be dangerous.
Leashed Dogs and Attacks Inside
Strict liability may still apply in cases where dogs are on leashes or when the attack occurs indoors. If you were lawfully on the person’s property, you may still file a dog bite lawsuit in New Jersey to seek compensation for your injuries.
Exceptions to New Jersey’s Strict Liability Rule
A few exceptions do apply to the strict dog owner liability rule in New Jersey. If you were trespassing on the property or if you provoked the animal, the owner may be able to create a defense against your claim. Similar complexities arise if the owner can argue that the attack occurred as lawful protection.
What Evidence Do You Need To Sue for a Dog Bite Injury?
When suing the dog owner for your injuries, you do not need to prove negligence or fault. Still, you need to provide some evidence showing that the defendant is the dog’s owner, you had legal grounds to be on their property, and the bite directly caused your injuries. Evidence may include photographs of injuries, medical documentation, eyewitness statements, police reports, or statements from animal control officers.
Steps To Take Immediately After the Accident
The steps you take immediately after the attack may affect your ability to seek bite injury compensation. We recommend:
- Calling 911 or local police authorities to document the accident.
- Seeking medical attention as soon as possible, even for more minor injuries.
- Documenting your injuries and the property by taking photographs of potential evidence, such as “Beware of Dog” signs.
- Gathering contact information from any potential witnesses.
- Keeping records of all of your medical expenses.
- Contacting a dog bite attorney as soon as possible.
Were You Bit by a Dog? Seek Legal Guidance Today
If you need to file a dog bite lawsuit in New Jersey, call Ostroff Godshall Injury and Accident Lawyers at (855) 375-6110 to request a free case evaluation.
Frequently Asked Questions (FAQ):
Q: What are New Jersey’s strict liability laws for dog bites?
A: New Jersey holds dog owners strictly liable for dog bites, meaning they are responsible regardless of prior bite history, as long as the victim was lawfully on the property.
Q: Who can be held liable for a dog bite injury in New Jersey?
A: Primarily, the dog owner is liable. In special circumstances, a property owner, caretaker, or landlord may be held responsible, especially if they knew the dog was dangerous.
Q: What evidence is needed to sue for a dog bite injury in New Jersey?
A: You need evidence showing the defendant is the dog’s owner, you had legal grounds to be on their property, and the bite directly caused your injuries. This can include photos, medical records, witness statements, and police reports.
