The Case Elements You Must Prove Under New Jersey’s Dog Bite Statute
- The defendant is the owner of the dog.
- The injured party was in a public place or lawfully located in a private setting.
- The dog bit the injured party.
What If the Dog Has Never Bitten Anyone Before?
Many states follow a one-bite rule in which the dog owner is not held responsible for the injuries their dog causes because they didn’t have previous knowledge of the dog’s aggressive tendencies. This one-bite rule does not apply in New Jersey dog bite cases. Dog owners in New Jersey are 100% legally responsible for the injuries their dog causes, even if the dog has not attacked anyone before. The strict liability rule helps protect dog bite victims fully from dog attacks and confers responsibility on dog owners.What are The Exemptions Under Strict Liability?
While strict liability simplifies the process for plaintiffs, there are exceptions and defenses that New Jersey dog owners can invoke. Common defenses include:- Provocation – If the victim provokes the dog, the authorities may find the owner not liable.
- Trespassing – If the victim was unlawfully on the owner’s property when the bite occurred, the owner may not be liable for the bite injuries and their treatment.
- Assumption of Risk – If the victim knowingly took the risk of being bitten, such as a professional dog handler, the owner might have a defense under New Jersey law.
In What Circumstances Can Dog Owners Be Held Responsible for Non-Bite Injuries?
One of the vital elements of strict liability is that the law refers solely to direct bite-related injuries the dog causes. Other injuries, such as broken bones after a fall due to a dog chasing you or lacerations due to a dog scratching you during an attack, are treated separately. To meet the legal standard to achieve a settlement for non-bite injuries, a dog bite victim and their lawyer must prove the following:- Duty of Care
- Breach of Duty
- Causation
- Damages
What Are the Steps to Start a Strict Liability Dog Bite Case?
Taking the following steps will help you improve the strength of your dog bite case and exercise your rights under New Jersey’s strict liability law as a dog bite victim.- Collect the dog owner’s name and contact details.
- Ask the owner for the contact details of their insurance company.
- Request the dog’s name and NJ dog license number.
- Collect witness contact details.
- Record photo and video footage of your injuries as well as the location in which the attack took place
- File a dog bite report with your local Health Department.
- Maintain a journal of your pain and experiences after the dog bite injury, explaining how the injury impacts your daily life and your mental state as you recover.
