Table of contents:
Overview of Dog Bite Laws in New Jersey
New Jersey’s dog bite laws are primarily governed by the state’s Animal Control and Public Health Act, commonly known as “Megan’s Law.” This legislation establishes a framework for dog bite liability, including provisions on negligence, strict liability, and defenses to liability.
The Act defines negligence as a failure to exercise reasonable care, which in the context of dog bites, means failing to properly restrain or control a dog that causes harm to another person. Strict liability, on the other hand, imposes liability on a dog owner regardless of whether they were negligent, as long as the victim was lawfully present on public or private property when the bite occurred.
Defenses to Dog Bite Liability
There are several defenses that dog owners can raise to avoid liability for dog bites, including provocation by the victim, trespassing, and the “dog bite statute,” which provides immunity to owners of dogs that bite law enforcement officers or other individuals performing their official duties.
Common Defenses to Dog Bite Claims
Defendants in dog bite cases often raise several common defenses to avoid liability. These defenses aim to shift the blame away from the dog owner or to mitigate the extent of their responsibility.
Provocation
One common defense is provocation. This defense argues that the victim provoked the dog into biting by their own actions. Examples include teasing, hitting, or threatening the dog. If the jury finds that the victim’s behavior was sufficiently provocative, it may reduce or eliminate the dog owner’s liability.
Trespassing
Another defense is trespassing. If the victim was trespassing on the dog owner’s property when the bite occurred, the dog owner may argue that they had no duty to protect the victim from their dog. This defense is less likely to be successful if the victim was invited onto the property or if the dog was known to be aggressive.
Assumption of Risk
Assumption of risk is a defense that argues that the victim voluntarily assumed the risk of being bitten by the dog. This defense is often raised in cases where the victim knew about the dog’s aggressive tendencies and chose to interact with it anyway. The burden of proof is on the defendant to show that the victim knowingly and voluntarily assumed the risk.
Contributory Negligence
Contributory negligence is a defense that argues that the victim’s own negligence contributed to the bite. For example, if the victim was walking in an area where dogs were known to be present and failed to take reasonable precautions, the jury may find that they were partially responsible for the bite.
Statute of Limitations
Finally, the statute of limitations is a legal defense that limits the amount of time a victim has to file a lawsuit after a dog bite occurs. The statute of limitations varies from state to state, but it is typically two years from the date of the bite.
Damages Recoverable in Dog Bite Cases
Dog bite victims may seek compensation for various damages incurred due to the attack. These damages can include both economic and non-economic losses.
Damages are calculated based on the severity of the injuries, medical expenses, lost wages, pain and suffering, emotional distress, and any other expenses related to the attack.
Economic Damages
- Medical expenses: Past, present, and future medical costs, including hospitalization, surgeries, medications, physical therapy, and rehabilitation.
- Lost wages: Income lost due to time taken off work for medical treatment and recovery.
- Property damage: Damage to clothing or other personal property caused by the dog bite.
Non-Economic Damages
- Pain and suffering: Physical and emotional pain and discomfort experienced as a result of the attack.
- Emotional distress: Anxiety, fear, depression, and other emotional consequences of the bite.
- Loss of enjoyment of life: Inability to engage in activities or hobbies due to physical or emotional limitations caused by the attack.
- Disfigurement or scarring: Permanent physical changes that result in emotional distress or affect employability.
Significant settlements or jury awards in dog bite cases can range from hundreds of thousands to millions of dollars, depending on the severity of the injuries and the circumstances of the attack.
Selecting an Attorney for a Dog Bite Claim
Finding the right attorney is crucial for the success of your dog bite claim. An experienced attorney will guide you through the legal process, maximize your compensation, and protect your rights.
Evaluating Attorneys
Consider the following factors when evaluating attorneys:
– Experience: Look for an attorney who specializes in dog bite law and has a proven track record of success.
– Reputation: Check online reviews and ask for referrals from previous clients.
– Communication: Choose an attorney who is responsive, accessible, and willing to explain legal concepts clearly.
Attorney-Client Relationship
Once you select an attorney, you will enter into an attorney-client relationship. This relationship is based on trust and confidentiality. Your attorney will represent your best interests and keep your communications private.
Contingency Fees
Most dog bite attorneys work on a contingency fee basis. This means you do not pay any upfront fees. Instead, the attorney will receive a percentage of your settlement or verdict if you win your case.
Steps to Take After a Dog Bite
After a dog bite, it is crucial to take immediate steps to protect your health and legal rights. Seeking medical attention, reporting the incident, and gathering evidence are essential for a successful claim.
Seek Medical Attention
Obtain medical treatment as soon as possible to prevent infection and document the injuries. Keep all medical records and receipts for later use.
Report the Incident
Notify local animal control or law enforcement about the bite. They will investigate and create a report, which can serve as evidence.
Gather Evidence
Take photos of the bite, your injuries, and the dog if possible. Obtain contact information from witnesses and the dog’s owner. Keep a record of any expenses related to the bite.
Legal Process Timeline
The legal process varies depending on the severity of the injuries and the jurisdiction. Typically, you have a limited time to file a claim, so it’s important to contact an attorney promptly.
Your attorney will investigate the incident, negotiate with insurance companies, and represent you in court if necessary. They will fight for your rights and ensure you receive fair compensation for your injuries.
Preventing Dog Bites
Dog bites are a serious problem in New Jersey. According to the New Jersey Department of Health, there were over 4,000 reported dog bites in the state in 2021. Of these bites, over 1,000 resulted in serious injuries.
The most common breeds involved in dog bite incidents in New Jersey are pit bulls, German shepherds, and Rottweilers. However, any breed of dog can bite, and even small dogs can cause serious injuries.
There are a number of things that dog owners can do to prevent dog bites. These include:
- Socializing their dogs early on.
- Training their dogs to obey basic commands.
- Keeping their dogs on a leash when they are in public.
- Never leaving their dogs unattended with children.
- Spaying or neutering their dogs.
By following these tips, dog owners can help to prevent dog bites and keep their communities safe.
