Bitten by a dog in New Jersey? Learn how strict liability works, what steps to take after a bite, and how a dog bite attorney can help you seek fair compensation.
Understanding Dog Bite Laws and How They Apply
If you’re searching for a “dog bite attorney near me,” understanding your rights and the laws in your state is crucial. Dog bites can result in serious injuries, including lacerations and significant scarring, and knowing who is legally responsible can help you seek compensation effectively. In New Jersey, dog owners are strictly liable when their dog bites someone, whether the incident occurs on public property or on private property where the injured individual is permitted to be. Strict liability means a party can be held responsible for harm even if they did not act intentionally or negligently.
Strict Liability in New Jersey’s Dog Bite Cases
Under New Jersey law, codified in the Dog Bite Statute enacted in 1933, the injured person does not need to prove that the dog owner was aware of the dog’s aggressive behavior. They only need to establish:
- The incident involved a bite.
- The dog belonged to the owner in question.
This shift eliminates the need to demonstrate the owner’s prior knowledge of the dog’s dangerous tendencies, ensuring greater protection for victims. Before the 1933 passage of the Dog Bite Statute, an injured party had to prove that the owner “knew of the animal’s dangerous or mischievous propensities.” Goldhagen v. Pasmowitz, 247 N.J. 580, 594 (2021).
Why Hire a Dog Bite Attorney?
Whether you’re the victim or the dog owner, navigating a dog bite case can be complex. Consulting a skilled dog bite attorney near you can help you:
- Understand the legal process and liability. Did you know about strict liability before reading this blog?
- Negotiate with insurance companies for fair compensation.
- Defend against or pursue claims effectively.
- Ensure allegations of comparative negligence are defended.
What to Do After a Dog Bite: A Step-by-Step Guide
Being bit by a dog is a scary experience. The initial shock of the encounter can shield pain that resulted from the attack. While a laceration or cut from the bite is obvious, the strains or orthopedic injuries sustained trying to escape can be slow to develop. For that reason, even if you believe the bite to be minor, you should follow these steps to ensure you are protected if you must pursue a claim.
First, Identify the Dog and its Owner
An attack may be confusing. More than one dog may be present. What seems like a playful time may result in a serious dog bite. Immediately identify the dog. If possible, get a picture of the dog that caused the injury. If a person responds to the scene to claim the dog, get that person’s information including their name, phone number and address, as well as any pertinent information about their dog, such as being up-to-date on their shots. They may claim not to be the owner, and they may be telling the truth, but at that moment, they are the person responsible for the dog. Get their information!
Second, Report the Incident to the Authorities
Despite guarantees to the contrary, many owners will attempt to blame another dog for the incident. It is best to have a third-party take down a version of events as they happen. Take the time to call the police to report the incident. Provide the police with information about the dog and the owner. Allow the authorities to prepare a report and obtain that report for your records. Get names, phone numbers, addresses and other pertinent information of all witnesses. Ask that their information be included in the police report.
Third, Seek Medical Assistance
While a small laceration or cut may not seem catastrophic, bacteria from the dog’s mouth can cause an infection in even the smallest of wounds. It is best to have any cut or laceration or wound cleaned by a professional. If you have a more serious cut, laceration, or wound, you may require stitches. Ensure that your medical needs are met by getting a second opinion from a medical professional if you are not sure about the severity of the injury.
Fourth, Monitor Your Symptoms
Just because you do not notice symptoms right away, an infection may develop despite the best medical care. Monitor any cuts, lacerations, or wounds and look for signs of infection. Such indications may include increased pain, swelling, redness, and possibly pus or a cloudy discharge. You may also experience fever, chills, or a general sense of feeling unwell.
Additionally, make sure to note any pain that may develop elsewhere. Many times when trying to escape from an attack, people can injure their neck or back. Sometimes, trying to pull a body part away can cause a shoulder or a knee injury. Notice any pain or symptoms that develop in the aftermath of the attack.
Fifth, Contact an Attorney Who Handles Dog Bite Cases
You should contact an attorney who is familiar with The Dog Bite Statute and the protections it affords victims. Such attorneys can find the dog owner’s insurance information and assist you in opening a claim. The attorney can occasionally prepare a settlement demand to resolve the case without the necessity of filing litigation. If litigation becomes necessary, an attorney is a necessity to help you navigate an unfamiliar legal system that can, at times, seem inhuman. Our goal at Harrell Law is to guide you through this system, providing a human approach. We pride ourselves on being Real People Who Really Care.
Leigh A. Raffauf
Partner, Harrell Injury Law
