5 New Jersey Dog Bite Laws You Need to Know About

Dog bites can lead to serious injuries including cuts, bruises, lacerations, amputations, and disfigurations. In some cases, dog bites can lead to fatal infections, and attacks can cause death. To protect the citizens of New Jersey from the aftermath of dog attacks, the state has some strict rules. Here is what you need to know about dog bite laws.

1. New Jersey Is a Strict Liability State

Concerning dog bites and attacks, the state of New Jersey is a strict liability state. With most personal injury cases, you have to prove that the responsible party was negligent to establish liability.

However, with dog bite cases the owner is automatically liable if their dog attacks you on public property. The owner is liable even if the dog has never attacked or shown any signs of aggressive behavior before.

Owners are also liable if their dog attacks you on their property. However, in these situations, you must be on the property legally. In other words, you need to be invited or you need to be there for a legally sanctioned task such as delivering the mail. If you are trespassing, the owner may not be liable for the attack.

2. Comparative Negligence Can Reduce Victim Settlements

The state also has comparative negligence laws. If the victim contributed to the injuries, they may be held partially responsible. With dog attacks, contributory negligence usually involves actions such as teasing or provoking the dog.

If the courts decide that the victim was partially responsible for the attacks, they assign a percentage to the victim's role. To win a settlement, the victim needs to be less than 50 percent responsible.

Then, the settlement is reduced accordingly. For instance, if the victim is responsible for 20 percent of the attack, according to the courts, their settlement is reduced by 20 percent.

3. Damages Can Include Actual Expenses and Intangible Costs

When victims bring a lawsuit against a dog owner, the lawsuit is designed to get the victim justice through the form of the monetary settlement, and the settlement is based on damages that the victim has incurred as a result of the accident.

Some of the damages are actual expenses such as medical bills, lost wages from being unable to work, the cost of people to help around your home, traveling to medical appointments, physical therapy, and similar expenses.

However, some of the damages can be related to more intangible costs. For example, if you are disfigured, that can affect how you are perceived during your life, and to make up for that fact, your lawyer may argue that you deserve a larger settlement.

Similarly, if you lose abilities or suffer as a result of the attack, your lawyer will try to get you a settlement to cover those damages.

4. Dangerous Dogs Can Face a Range of Punishments

When a dog is labeled as dangerous, its owner may have to take a number of different steps. In cases where the attack was deadly or serious, the dog may need to be euthanized. With less serious attacks, the courts may order the owner to enroll the dog in obedience classes or muzzle them while in public.

5. Victims Have a Two-Year Statute of Limitations

If you want to bring forward a lawsuit against a dog owner, keep in mind that you have a limited amount of time, which is typically two years. If you wait longer than that, you may not be able to hold the dog owner liable.

To learn more, contact us today. At Borbi, Clancy & Patrizi, we have the experience you need to fight a dog bite case.