Every year in New Jersey, children become victims of dog bites. Despite the best efforts of parents, and even some dog owners, dogs attack kids. This is often either out of the dog fearing the child or the dog being aggressive. Whatever the reason, if your child is bitten by a dog, this can be one of the most traumatic experiences for a parent. Fortunately, there are things you can do to protect your child and get compensated for his or her injuries. Your personal injury attorney will help you with a lawsuit against the dog owner for the attack on your child.
Get medical attention
The first thing you should do is get medical attention for your child. Dogs can do serious damage to a person, especially one who is young. This is certainly true of bites to the face that can cause disfigurement and nerve damage. In addition, their mouths may contain bacteria that can cause infections. Fortunately, most emergency room doctors can treat your child for injuries sustained from a dog bite.
Get information about the dog owner and the attack
When the attack occurs, you should find out the name and address of the dog’s owner. You are going to need this in order to seek compensation from him or her. You should also take pictures of your child’s injuries, as well as the place where the attack occurred. If anyone witnessed the attack, you should get their names, addresses and phone numbers as well. Their testimony may be helpful if you need to bring the dog bite case to trial.
Call the local health department
Each local health department here in New Jersey is tasked with handling dog bite cases. You should call the one with jurisdiction over your neighborhood within 24 hours. They will then contact the dog’s owner and hold the dog in quarantine for 10 days at the owner’s expense. The local Animal Control Officer will examine the dog to determine if it is healthy and to rule out any infections like rabies. In addition, they will fill out a report that you will need if you decide to sue the dog’s owner for the injuries sustained by your child.
Document all of the information
Keeping good records is of critical importance in a personal injury case, including ones that involve dog bites. If your child saw a physician to treat his or her injuries or went to an emergency room, you will need to maintain these medical records. They will have to be turned over to the dog’s owner as part of the lawsuit. You will also need to keep all of your medical bills in order to get reimbursed by the owner for the expenses you incurred as a result of your child’s dog bite injury.
New Jersey dog bite law
Dog attacks are covered by New Jersey Statutes section 4:19-16. This holds a dog owner strictly liable for any injuries sustained by a person bitten by a dog. This means that even if the dog’s owner used reasonable care to restrain the dog, he or she is personally liable for any injuries sustained as a result of the bite. You also do not need to prove that the owner knew the dog was aggressive, or that this person was somehow negligent in the handling of his or her pet.
There are a number of exceptions to the strict liability law. For example, if you or your child did something to provoke the dog, then the owner may not be liable. Similarly, trespassers on private property cannot collect for dog bite injuries. This shields people who use guard dogs. Finally, you need to prove that the bite happened, it was the cause of the injuries your child sustained, and the person you are suing is the actual owner of the dog. In cases where a very young child did something to provoke the dog, the parent can actually be held liable if it is shown that the parent did not take steps to prevent the child from engaging in this behavior or if the parent actually encouraged it. This will come down to the particular facts of the case.
If your child is the victim of a dog bite, call our firm today
The injuries sustained by a child victim of a dog bite can be catastrophic. As a parent, you are going to want the party who owns the dog to be held liable. Call The Cassidy Law Firm so that our experienced personal injury attorneys can assist you with your claim and get you and your child the compensation you deserve.