Many people consider their dogs members of their family, while others may prefer the company of cats. Regardless, it’s important to understand that no matter what, dogs are still animals that can attack and cause injuries. As such, if you have suffered dog bites, understanding your legal options is critical. The following blog explores what you should know about your rights in these matters, including what the law in New Jersey says about these issues and the importance of working with a New Jersey dog bite lawyer to help you fight for the compensation you deserve.
What Is the Law in New Jersey Regarding Liability for Dog Bites?
Generally, states adhere to one of two different laws regarding dog bite liability: “one bite” laws or strict liability. In states that follow a one-bite law, this essentially absolves a dog owner of a first-time bite in instances where they had no idea their dog was aggressive. New Jersey, however, abides by a strict liability standard. This means that any dog owner can face liability for damages caused by their pet, regardless of whether or not it is the first time they have attacked someone. As such, a dog owner cannot use the defense that their dog has never been aggressive in the past to avoid facing responsibility.
What Compensation Can I Recover?
In the event you incur damages as a result of a negligent dog owner, it’s imperative to understand your right to compensation. Generally, you are eligible to seek compensation for both economic and non-economic damages.
Economic damages reflect the monetary losses you have suffered, like medical bills, lost wages if you are unable to work, and even property damage if your belongings are damaged in the attack. These are typically easier to calculate, as these losses have an attached monetary value.
The other form of compensation you are eligible for, non-economic damages, represents subjective, intangible losses. These often cover the emotional losses you can suffer, like Post-Traumatic Stress Disorder (PTSD), pain and suffering, loss of enjoyment of life, and scarring or disfigurement. Unfortunately, as these do not have an attached value, they can be subjective, meaning it can be difficult to calculate the value of your emotional suffering.
What Are Common Defenses the Owner May Use to Avoid Liability?
Despite the fact that New Jersey is a strict liability state, there are some instances in which a dog owner may be able to avoid liability. Generally, this is the case if you were trespassing at the time of the attack or if you were provoking the animal before you were bitten. As such, the owner of the animal may try to claim either of these defenses to avoid facing responsibility. It’s important to understand, however, that it’s not enough to simply allege that you were unlawfully on the property; they must prove that you were trespassing. Similarly, the owner must prove that you were intentionally provoking the dog, such as hitting or teasing it, as opposed to simply moving or walking near the animal. Regardless, working with an experienced attorney can help you gather the necessary evidence to fight to prove the owner is liable.
As you can see, suffering from dog bites can be an incredibly complex process in New Jersey. That is why it’s in your best interest to connect with an experienced attorney with the Law Office of Craig M. Rothenberg to help you fight for the best possible outcome. Our dedicated legal team will do everything in our power to help you recover the compensation and justice you deserve. When you need assistance, our team is here. Contact us today to learn how we can represent you.