Strict Liability and NJ Dog Bite Lawsuits
New Jersey is a strict liability state. This means that if a dog bites you, and you are in a location you’re legally permitted to be, the dog owner is liable for damages associated with your dog bite. NJ dog bite settlements and judgments may include both economic and non-economic damages. Economic damages include:- Medical costs, including emergency room costs, diagnostic care costs, and treatment costs
- Loss of current income
- Loss of future income
- Employment re-training costs
- Emotional trauma
- Pain and suffering
- Disfigurement
- Loss of enjoyment in everyday activities
Proving Dog Bite Lawsuit Claims
To hold the dog bite owner accountable for the attack, you must prove three elements:- The dog bit you
- The other party is the owner of the dog or the person responsible for the dog
- You were lawfully on the property on which the attack took place
What Types of Evidence Will I Need to Win a Dog Bite Lawsuit?
When you pursue a dog bite lawsuit, several types of evidence prove invaluable in establishing a comprehensive and compelling case.Medical Documents
Medical documentation is the foundation of most claims, providing authoritative documentation of injury severity and treatment requirements. Medical records should include:- detailed emergency room reports
- surgical documentation if applicable
- physician treatment plans
- comprehensive assessments of potential long-term medical consequences.
Photographic Evidence
Photos play an equally critical role in substantiating the claim’s legitimacy. Immediate injury photographs that capture wound severity, location, and bleeding create a powerful visual record. Sequential photographs documenting the healing process and professional medical imaging can further illustrate the impact and potential scarring.Witness Statements
Independent accounts from individuals who directly observed the attack can provide critical contextual information about the incident. These statements might describe the dog’s behavior before the attack, verify location details, and offer corroborating testimony.Government Documentation
Reports written by local animal control and police reports objectively verify the incident. These reports can detail attack circumstances, provide background on the dog’s history, document any prior aggressive incidents, and confirm ownership and vaccination status. These official records carry significant weight in legal proceedings.Expert Testimony
Expert statements strengthen a dog bite claim by introducing professional analysis of the attack and the animal’s behavior. Veterinary behavior experts can analyze the dog’s temperament, while medical professionals can evaluate injury complexity and potential long-term implications. Forensic specialists can provide nuanced interpretations of wound characteristics that explain more about the bite and the surrounding circumstances.Local Security Camera Footage
Video footage from security cameras and neighborhood surveillance systems independently verify the events surrounding the dog bite. These recordings might reveal critical details about potential provocation or owner negligence.Can I Sue the Dog Owner for Non-Bite Injuries?
A recent case precedent comes from Gross V Dunham, where the judge found that the victim could recover all injury damages from the dog owner if the incident involved a dog bite. This means that you may be able to recover a settlement in case where a dog bit you and during the attack you fell, causing severe fall injuries that had more significant damages than your bite-specific injuries. However, New Jersey holds non-bite injuries to a higher standard of proof in New Jersey. Depending on the severity of the bite injuries, you may have to prove the dog owner was negligent to recover non-bite-related injury damages.What is the Average Dog Bite Settlement in New Jersey?
The most recent average settlement data from 2023 shows the average dog bite settlement is $49,981. The factors that will impact your settlement when you sue for a dog bite in New Jersey include:- The severity of your injuries
- The impact on your current and future income
- The dog owner’s negligence levels
- The strength of the evidence in your favor
