Understanding Your Rights After a Dog Bite Incident in NJ

Dog bites can leave victims with severe injuries, including broken bones, lacerations, and infections. If someone else’s dog bit and injured you in New Jersey, it’s crucial that you understand your rights when it comes to seeking compensation for your injuries and the laws that could impact that compensation.

Strict Liability in NJ Dog Bite Cases

While some states use a “one-bite” rule for dog bite injury cases, New Jersey is not one of them. States with one-bite rules prevent dog owners from being liable for injuries caused by the first time their dog bites someone. The idea behind them is that dog owners should only be liable for injuries caused by their dogs if they knew or should have known that their dog was dangerous.

Under NJ Revised Statutes Section 4:19-16, dog owners can be held liable for injuries caused the first time their dog bites someone. And more than that, they can be held strictly liable. Strict liability means that the fact that the dog bit and injured you is enough for the owner to be liable. You do not need to prove that the owner’s negligence contributed to the incident.

Exceptions to Strict Liability

A few exceptions could impact your ability to hold a dog’s owner strictly liable for your damages. These exceptions include:

• If you were trespassing on the dog owner’s property when the dog bit you

• If your injuries were not caused by a bite

• If you provoked the dog into biting you

The exception that applies to the highest number of cases is the non-bite exception. Dogs can injure victims in various ways, including by jumping on you and knocking you over. However, New Jersey’s dog bite law only applies to injuries caused by bites. You must file a personal injury lawsuit based on negligence to seek damages from a dog’s owner for non-bite injuries.

Steps to Take After a Dog Bite in New Jersey

After a dog bites you, it’s essential that you take the following steps to protect your right to seek compensation for your injuries:

• Notify the dog’s owner of your injury.

• Report the injury to the police so they can file an incident report and temporarily hold the dog to check for diseases like rabies.

• Seek medical attention and continue following up with your treatment until your injuries heal.

• Avoid providing a recorded statement to the dog owner’s insurance company. New Jersey uses a modified comparative negligence rule that reduces your damages by a percentage equal to your degree of fault and bars you from recovering compensation if you are more than 50 percent at fault. The insurance company wants you to say something it can use against you.

• Contact a dog bite lawyer to handle your case and negotiate with the insurance company on your behalf.

Compensation Available for Dog Bite Injury Victims

After suffering injuries in a dog bite incident, the dog owner’s homeowners or renters insurance will typically cover your damages. Some of the things you can seek compensation for are:

• Your past and future medical expenses related to the incident

• The wages you lost or will lose because of your injuries

• The pain and suffering you experienced because of your injuries

• The emotional distress you continue to experience because of the incident

• Any scarring and disfigurement you suffered because of the attack, particularly on your head, face, and neck

Contact Our New Jersey Dog Bite Lawyers

Did someone’s dog bite and injure you in NJ? Contact The Cassidy Law Firm LLC for a free consultation with an experienced dog bite injury lawyer. During your consultation, we’ll review the details of your case, explain your options for seeking compensation, and walk you through the process of filing a personal injury lawsuit.