4 Questions About Your Dog Bite Case
In 2017, approximately 350,000 people received treatment for non-fatal dog bite injuries. These injuries can be mentally and physically traumatizing. You not only have to deal with the physical injuries, but a bite can invoke a fear that is difficult to overcome. This fear is especially true when a dog attacks you that you do not know or in a location where you should have been safe.
Dog bites can raise numerous questions about the state's laws governing these types of cases. Here are a few you may want to know the answers to.
1. Who Is Liable?
If you require medical treatment due to a dog bite, you may not think you should be financially responsible for your treatment. Fortunately, in the state of New Jersey, you may not have to. New Jersey Statute 4:19-16 explicitly states the dog's owner has strict liability for your damages.
All you have to show is that you were on public property, were a guest on private property, or were performing duties that required you to be on the property. The owner cannot argue that you should have known the dog was vicious or that they had no knowledge of the dog's viciousness.
In addition to the dog's owner, others may also be liable, such as if the dog was under the care and control of someone else, such as a dog sitter, walker, or caretaker.
2. What Are You Entitled to Recover?
When a dog bites you, you are entitled to recover both economic and non-economic damages. Economic damages go beyond the cost of your medical bills. You are also entitled to payment for any future treatments you may require. Some of these may include:
- Cosmetic treatment for your scars
- Counseling expenses
- Torn clothing
- Loss of income
You may also be able to be reimbursed for the installation of a new fence or for other steps you take to protect yourself from any future dog bites.
Some non-economic damages include:
- Pain and suffering
- Mental anxiety
- Future loss of earning capacity due to anxiety
- Loss of quality of life
You may be entitled to other damages depending on the severity of your injuries.
3. What Happens If the Dog's Owner Is Unable to Pay the Award?
Depending on how much the court awards you, the dog owner's homeowners or renters policy may cover the cost. The actual coverage varies between policies, but typical policies usually carry liability limits ranging from $100,000 to $300,000. Any award exceeding their policy limits will be the responsibility of the dog owner or accused party.
If the owner cannot pay the award, the court may grant you a lien on any personal property the dog owner possesses. A lien means that the property owner will be unable to sell or dispose of the property without paying you first.
4. What Happens If the Owner Knows the Dog Is Dangerous
Once a dog attacks a person or another animal, animal control officers can impound the animal, notify the owner, and petition for a court hearing. If the court deems the animal dangerous, it can require the owners to perform specific tasks. Some of these include:
- Posting warning signs around their property
- Getting special licenses
- Locking the dog within specific enclosures
- Placing a muzzle on the dog before walking it
Owners violating the court's order can face substantial fines. If the court determines the animal to be a safety risk to their community because of their behaviors, animal control will be authorized to euthanize the animal.
Dog bites can cost insurance companies a large amount of money. In 2020, companies paid out approximately $854 million in claims. These insurance companies will do anything in their power to minimize the amount they are required to pay you.
Borbi, Clancy & Patrizi can keep that from happening. We have years of experience trying dog bite cases and will get you the maximum amount you are entitled to. Give us a call today for a free consultation of your case.