A considerable number of American households own pitbull dogs. For most, they’re ideal companions: playful, moderately active, and willing to please. It is also fun, an obedient dog, and loves games that are challenging and physical.
Unfortunately, authorities euthanize
one million pit bulls each year. Pit bulls also account for 40% of those dogs that undergo euthanization in shelters. Research also shows that pit bulls were responsible for 22.5% of all dog bite attacks.
Victims of pitbull dog attacks suffer facial injuries, broken bones, lacerations, cuts, emotional stress, and infections.
If you or a loved one has suffered a
pitbull dog attack, consider speaking to a
trusted New Jersey Dog Bite Lawyer about your legal options.
Pitbull Dog Attack Statistics
Pitbulls Ranks Second on the List of Biting Dogs
Studies show that pit bulls account for approximately 22.5% of all dog bites in the U.S.
Dangerous Dogs for Fatal Attacks
Although pit bulls consist of more than one breed, they were responsible for 33 out of 46 fatal attacks in 2019. In the years between 2005-2017, pit bull breeds accounted for
284 deadly attacks, with rottweiler breeds a distant second with 45 episodes.
In the years between 2010 and 2021, of the 430 fatal dog bites, pit bulls were responsible for 185 attacks. Pitbull mixed breed accounted for an additional 41 attacks.
Pitbull is the Most Abused Dog
Many pitbull dog owners choose the dog for guard duties. They also mistreat the dogs by starving their affection, which triggers aggressive behavior.
Pit Bulls Lead to the Death of 36 Americans in 2018
Studies show that pit bulls contributed to 72% of fatal dog bites involving humans in 2018. Unfortunately, 69% of deadly attacks or disfigurements involved family members as opposed to a stranger.
Dog Owner’s Liability for a Dog Bite
A dog owner has a legal responsibility to prevent their dogs from injuring someone or damaging another person’s property.
Here are a few things to know about a dog attack:
- Dog bite or Injury: When a dog hurts someone, the dog owner may be held liable for the injuries sustained by the victim. They may, therefore, be called upon to pay related medical expenses.
- Liability insurance for dogs: There are different insurance coverage, including homeowner’s or renter’s insurance, which may cover the losses incurred by the injured victim, even if they happen off your property.
- Once a dog bite incident occurs, it is vital for the victim and the dog owner to take the necessary steps to protect their rights.
Civil Liability For Dog Owners
A dog owner could be held liable in a lawsuit if their dog bites or injures someone and if one or more of the following is true:
- Dog bite statutes: Most states, including New Jersey, apply the ‘strict liability statute’, which means that a biting dog owner is liable for the injuries caused by the dog bite even if they used reasonable care to restrain, protect, or warn others.
- Tendency to cause injury: The injured person can receive compensation if they prove that the dog owner knew the dog tended to cause harm. The ‘one-bite’ rule supports that argument, which makes the dog owner liable if they knew or should’ve known that their dog was likely to hurt someone.
- Negligence: An injured person can receive compensation if they can prove that the dog owner was negligent or unreasonably careless. For instance, a dog owner that violated the leash law or left the gates open, allowing the dog to get out and injure a salesperson.
Criminal Liability for a Dog Bite Injury
Based on ‘dangerous dog laws, ’ the court may require the dog owner to take special precautions after a dog injures or threatens someone. For instance, the judge may order the dog owner to euthanize the canine if it poses serious harm.
A dog owner who doesn’t cooperate with these charges could face criminal charges. Although rare, the authorities could charge the dog owner for manslaughter or a similar offense when a dog kills someone because of reckless handling or deliberate actions.
What Legal Action Can You Take Against a Dog Owner for a Bite
If you want to hold the dog owner to account for the damages and related losses that you suffered, there are two options available to you:
- File an insurance claim: You can file a claim with the dog owner’s insurance company or negotiate a settlement.
- File a lawsuit in civil court: If the dog owner’s insurance doesn’t yield a favorable outcome, you can file a lawsuit in court. In most cases, the insurance policy of the dog owner caters to the court’s award. Interestingly, an out-of-court settlement can occur anytime during the personal injury lawsuit.
While a dog bite victim has a right to seek compensation, it is not guaranteed to receive compensation from the dog owner or their insurance provider. The scenario is possible if one or more defense options come into play.
A dog owner might be able to avoid some or all legal liability caused by their dog if they can prove that:
- The injured victim was trespassing at the time of the incident
- The wounded person provoked or teased the dog
- The dog bite victim caused the injury through their carelessness
Financial Recovery From a Dog Bite
A dog bite inflicts substantial damage on victims. Further, family members also encounter a form of pain. Fortunately, New Jersey personal injury laws exist so that people who suffer injuries because of negligent owners get justice.
Before you receive compensation from a dog owner, a claimant must prove a series of legal arguments, including:
- The victim’s injuries are as a result of the dog attack
- The injured dog victim didn’t provoke the dog in any way
- The wounded victim was legally allowed to be in the location where the attack happened.
Below are examples of damages that a victim can recover in a New Jersey dog attack lawsuit.
Generally, there are two types of damages, economic and non-economic, as explained below:
Economic Damages
Economic damages refer to the actual financial harm due to the injury caused by the dog owner.
Here are a few examples of economic damages you can claim:
- Medical Expenses: Medical expenses make up the largest share of compensation in a dog bite claim. Treating an injury is expensive, and the dog bite victim needs assistance paying medical bills. Medical expenses include medical equipment, physician’s charges, ambulance services, and emergency room costs.
- Lost Income: The injured victim is entitled to reimbursement for past and future losses that occur after a pit bull attack. You may also be entitled to compensation because of a reduced earning capacity. For instance, you can work, but because of the injury, your earnings have shrunk, necessitating compensation.
- Additional out-of-pocket expenses: You are also entitled to a refund if you incur other costs related to your dog bite injury. Additional out-of-pocket expenses include travel expenses to and from medical appointments, assistance with childcare or household chores, and modifications to your car or home because of permanent disability.
Non-economic Damages
Non-economic damages compensate for the quality of life of the injured person. As a dog bite injury victim, you’re likely to face unique struggles because of your new reality or the distress inflicted by the canine attack.
A
New Jersey dog bite attorney can offer you the support you need to file a claim in pursuit of compensation for the following losses:
Emotional Distress
Despite the severity of the dog bite, the incident leading to the injury can be very traumatic. It is also possible to face mental distress because of your injury. For instance, discovering that you’ve been permanently disfigured or disabled is emotionally distressing.
You should receive compensation if you experience emotional and mental issues due to the dog attack. It also includes a dog bite attack that triggers mental health issues, including anxiety, phobia, depression, and change in personality.
Pain and Suffering
Most dog bite injuries cause devastating physical pain. Whether it is a facial injury, a broken bone, or an infection, you’re likely to experience pain for weeks, months, or years. That said, you deserve compensation for the ongoing physical pain triggered by a dog bite attack.
Loss of Companionship
A dog bite injury may affect your ability to relate in the same way you did before the incident. For instance, you may not get to the ground to play with your children if a dog bite infection leaves you paralyzed.
Speak to an Experienced Dog Bite Attorney
If a pit bull attacked you and inflicted a dog bite, your life may change for the worse. For instance, you’re likely to encounter a reduced quality of life because you can enjoy the things you loved before the injury.
That said, consider engaging a trusted attorney like the New Jersey Dog Bite Lawyer to help you file a claim or a lawsuit.
Contact us online for a free initial consultation or
call us at (866) 259-4377 today.
