Freehold Dog Bite Lawyers

Dog bites can cause significant physical and emotional harm. In New Jersey, there are specific laws that protect victims of dog attacks, and if you have been injured in a dog bite incident in Freehold, it is important to understand your rights. This page addresses some common questions that arise after a dog bite and provides an overview of the legal landscape in New Jersey to help you move forward after an incident.

What Is New Jersey’s Legal Standard for Dog Bites?

New Jersey follows a strict liability rule regarding dog bites. This means that the dog owner is automatically held responsible if their dog bites someone, even if the dog has never bitten anyone before or shown signs of aggression. Victims do not need to prove that the owner was negligent or that the dog was dangerous. The strict liability law applies as long as the bite occurred in a public place or while the victim was lawfully on private property.

However, this law does have some limitations. For example, if the victim was trespassing on the owner’s property at the time of the bite or provoked the dog, the owner may not be held liable. It is also important to note that the strict liability rule only applies to injuries directly caused by a dog bite, not other types of injuries caused by a dog.

What Happens if I Was Injured by a Dog But Wasn’t Bitten?

In New Jersey, you can still pursue a legal claim for injuries caused by a dog even if the dog did not bite you. In cases where the injury was not the result of a bite, strict liability does not apply, and you must show that the dog’s owner was negligent. For example, if a dog knocks someone over and causes them to fall, the injured person would need to demonstrate that the owner failed to take proper steps to prevent the incident, such as restraining the dog.

These types of cases require a closer look at the dog’s behavior and the owner’s responsibility. Negligence may be established if the owner is aware of the dog’s tendencies but fails to take reasonable precautions.

What Should I Do After a Dog Bite in Freehold?

Taking immediate action after a dog bite is crucial for your health and legal rights. First, seek medical attention for the bite, no matter how minor it may seem. Even small wounds can lead to serious infections or complications. Make sure the bite is cleaned and treated properly.

Once you have addressed any medical concerns, gather information about the dog and its owner. Try to obtain the owner’s contact details and confirm whether the dog is up to date on its vaccinations, especially rabies. If there were any witnesses to the incident, ask for their contact information, as their testimony may be helpful later.

It is also essential to report the dog bite to local authorities, such as animal control or the police. Reporting the incident ensures there is an official record, which can be essential if you pursue a legal claim. Lastly, take photographs of your injuries and keep track of any medical care you receive as a result of the bite.

How Does Negligence Factor Into a Dog Bite Case?

Negligence can play a role in dog bite cases, particularly when a bite does not cause the injury or when the strict liability law does not apply. In such cases, the injured person must prove that the dog owner was negligent. This might involve showing that the owner failed to restrain the dog or ignored the dog’s aggressive tendencies.

In negligence cases, you need to demonstrate that the dog owner had a duty to act responsibly, that they breached this duty, and that their actions (or inactions) directly caused your injury. Evidence such as witness statements, video footage, or records of previous incidents involving the dog can help prove negligence.

What Defenses Might Dog Owners Raise in a Dog Bite Case?

Dog owners in New Jersey can use a few defenses to counter dog bite claims. One common defense is trespassing. If the victim was trespassing on private property when the bite occurred, the strict liability rule may not apply, and the dog owner might not be held responsible for the injury. For instance, if someone enters a yard without permission and is bitten by a dog, the owner may argue that the victim was trespassing.

Another defense is provocation. If the dog owner can demonstrate that the victim provoked the dog, such as by teasing or harming the animal, they may avoid liability. The court will consider whether the provocation was reasonable and whether it directly led to the bite.

In cases where strict liability does not apply, and negligence must be proven, the dog owner may argue that they took reasonable precautions to prevent the incident and that the injury was an unfortunate accident.

How Long Do I Have to File a Dog Bite Lawsuit in New Jersey?

New Jersey law imposes a deadline, known as a statute of limitations, for filing a dog bite lawsuit. In most cases, you have two years from the date of the injury to file a claim. You may lose your right to pursue legal action if you miss this deadline.

There are some exceptions to this rule. For example, if the victim is a minor, the statute of limitations may be extended. It is essential to speak with a legal professional to understand the specific deadlines that apply to your case.

Can a Dog Owner Be Held Responsible if the Bite Happened on Their Property?

Yes, under New Jersey’s strict liability law, a dog owner can still be held responsible if the bite occurred on their property, as long as the victim was lawfully present. This includes guests, delivery workers, or anyone else who has a legitimate reason to be on the property. The law holds dog owners accountable for preventing their pets from causing harm to lawful visitors.

On the other hand, if the victim was trespassing or engaged in unlawful activities on the property, the owner may not be liable under the strict liability rule. In these cases, the victim may have to prove that the owner’s negligence led to the injury.

How Can a Lawyer Assist After a Dog Bite?

Navigating the legal process after a dog bite can be challenging. An attorney can provide guidance, help gather evidence, and represent your interests during negotiations with the dog owner’s insurance company. In some cases, disputes arise over whether the victim was trespassing or if the dog was provoked. A lawyer can help address these issues and advocate for your rights.

They can also assist in collecting medical records, witness statements, and other documentation to strengthen your case. A lawyer can represent you in court if settlement negotiations do not lead to a satisfactory outcome.

What Types of Compensation Might Be Available for Dog Bite Victims?

While specific outcomes cannot be guaranteed, dog bite victims may be able to recover compensation for medical expenses, lost wages, and other damages related to the injury. The amount of compensation will depend on the severity of the injury and its impact on the victim’s life. It is important to keep detailed records of all expenses and medical treatments associated with the bite.