What Must You Show to Recover Compensation for Your Losses?
While many canines live up to the description of “man’s best friend,” too many have either been neglected or intentionally trained or allowed to be aggressive. That’s all well and good when their owners take proper care of them. But when a dog’s owner fails to take the appropriate steps and you suffer needless injury, you have a right to seek compensation for your injuries. What are your rights in New Jersey when you’ve been attacked or bitten by an aggressive or vicious dog? What must you show to recover monetary damages for your injury and loss?
The Strict Liability Dog Bite Law in New Jersey
As a practical matter, most personal injury claims are based on negligence, which requires that the injured person demonstrate that the at-fault party failed to do the things a reasonable person would. That’s not how the dog bite laws work in New Jersey. Instead, they are based on a legal principle known as “strict liability.” Unlike negligence, strict liability does not require proof of carelessness or unreasonable behavior by the person who caused the injury. Instead, the victim must only show that he or she was bitten, that the at-fault party owned the dog, and that the victim did not engage in behavior that provoked the dog. There is no requirement that you show that the owner either knew that the dog had aggressive or vicious tendencies, or that the dog had previously attacked or bitten another person.
Liability for Injuries Other Than Bites
The New Jersey strict liability law only applies to dog bites. If you were attacked by a canine, but were not bitten, you may still seek damages for any injury or loss, but you must show that the dog’s owner was negligent. That may involve:
- Evidence that the dog’s owner knew or should have known that the dog previously attacked someone else or had exhibited aggressive or vicious tendencies
- Proof that the dog’s owner was careless or negligent in some other way, such as failing to properly restrain the dog, failing to maintain a fence around the dog or specifically training the dog to be aggressive
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a dog bite or animal attack injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.