Dog bites are dangerous, terrifying, and can lead to serious losses. Being suddenly attacked by someone else’s dog can be physically and emotionally scarring, and if this is the difficult position you find yourself in, seeking the professional legal guidance of an experienced New Jersey dog bite attorney is always in your best interest. 

Dog Bite Injuries Are Often Serious

Dog bite injuries are complicated for all the following reasons:

• They are highly susceptible to infection.
• They tend to be jagged injuries that are slow to heal and are very prone to scarring.
• They can cause deep internal damage.
• Two primary body parts that dogs tend to attack include the hands and face of their victims – both of which can lead to serious challenges in terms of healing.
• A dog bite on or near the victim’s face can lead to permanent disfigurement, which renders the damage catastrophic.

New Jersey Does Not Employ the One-Bite Law

Some states implement what is known as a one-bite law in relation to dog attacks. These laws assume the owner of a dog that ends up biting someone didn’t realize their dog was dangerously aggressive prior to that first bite and had no reason to believe otherwise. This means the pet owner may not be held legally responsible for any damages a victim of their dog’s first recorded bite suffers. Once the dog has proven aggressive, however, the owner is on notice regarding their legal responsibility for any later dog bite incidents.  New Jersey, on the other hand, takes a more proactive legal approach that is called strict liability, which includes the following elements:

• All dog owners are responsible for maintaining control of their dogs at all times. 
• All dog owners are responsible for protecting others from their pets’ bites, including first bites. 

The only exceptions in the State of New Jersey are when the injured party was trespassing on the dog owner’s property at the time of the attack or when the injured party is deemed to have provoked the dog into aggression.  

Understanding the Complexities of Dog Bite Cases

Dog bite claims are complicated for all the same reasons that all personal injury claims are complicated. In order to prevail with a dog bite claim, you’ll need to demonstrate that four basic elements are present. 

You Were Owed a Duty of Care

When it comes to dog bite claims, there is a careful duty of care owed, which means – as mentioned – dog owners have a responsibility to the safety of others in relation to their pets. The dog owner in question did have a responsibility to your safety by virtue of owning their dog. Even if you know the dog owner and the dog in question and knew that the pet was prone to aggression, it does not nullify the duty of care owed to you – and to everyone else who comes in contact with the dog. 

The Duty of Care Was Breached

If someone else’s dog bit you, the owner breached their responsibility to you, which is protecting you from their pet’s aggression – in all but very specific circumstances. 

The Dog Owner’s Negligence Was Directly Responsible for the Bite Incident

Since the dog owner accepts total responsibility for their pet’s actions, the owner of the dog that causes you to be injured is directly responsible for your injuries. In New Jersey, dog owners are required to keep their pets on leashes at all times when out in public, and a leash that is longer than six feet is generally considered too long to afford the necessary control. Only when the owner has their pet at a dog walk or dog run that is clearly designated as off leash is it permissible for the dog to be unleashed in public. 

You Suffered Losses that Are Recognized by the Law

Finally, you must have suffered losses that the law addresses, which are called legal damages and can include all the following:

• Medical expenses, which can be ongoing in relation to the damage caused by a dog bite
• Lost earnings due to hours lost on the job as a result of the dog bite
• Physical and emotional pain and suffering, which can be one of the most difficult losses to process in the wake of a terrifying dog attack

 

Benefits of Working with a Skilled Dog Bite Attorney

Because dog bite claims are complex and because obtaining fair compensation will play a critical role in your ability to reach your most complete recovery, working with a seasoned dog bite attorney is the surest path forward. Your trusted dog bite attorney will skillfully address each of the primary tasks necessary to build your strongest claim. 

Evidence Regarding the Dog Owner’s Negligence

Only in very rare instances are dog owners not held responsible for dog bite injuries that are attributable to their pets. As such, proving that the dog owner in question is responsible for your losses generally comes down to proving that the dog in question belongs to them. For example, if there are no eyewitnesses to corroborate your version of events, the pet owner could feign innocence – claiming that another dog is responsible for your injuries or claiming that you provoked the animal in some way. Your dedicated dog bite attorney will gather the evidence necessary to help prove your position, including all the following:

• The testimony of any eyewitnesses
• Your own statements regarding the sequence of events that led to the dog bite
• Photos and videos taken at the scene – or even during the attack, in the event a passerby caught it on their phone
• The testimony of those with dog bite expertise

It will also be necessary to demonstrate the dog owner’s negligence in allowing the incident to happen in the first place, which can include any of the following:

• Showing that the fence containing the dog was inadequate for the task
• Showing that the dog was not on a leash in a public space
• Showing that the dog was on a leash that was too long for the pet owner to adequately control the animal 
• Showing that the pet owner failed to protect you from their dog’s bite in some other way

Evidence Regarding the Extent of Your Losses

Another important matter that your dog bite attorney will capably take on is proving the extent of your losses, which includes all the following:

• Compiling your related medical bills and doctor’s records
• Gathering photos that reflect the extent of your dog bite injuries
• Taking your doctor’s testimony in relation to your injuries and prognosis
• Obtaining your own assessment of how the injury has affected your physical and emotional well-being

Negotiations with the Insurance Company

Most dog bite claims proceed through the dog owner’s homeowners or renters insurance policy, and your dog bite attorney will engage in skilled negotiations for just compensation with the company. It’s important to recognize, however, that insurance companies are guided by their efforts to increase profits, which means – to the extent possible – keeping claims like yours low. Your attorney will take on all the following in their effort to cut through the insurance provider’s tactics in pursuit of a fair settlement:

• Your attorney will do the communicating with the insurance company for you. You are not required to make a statement, and doing so is unlikely to do your claim any favors. 
• Your attorney will engage in skilled negotiations that involve clearly demonstrating the dog owner’s negligence and the full extent of your related losses – including those that extend into the future.
• Your attorney will help you better understand the legal process – helping to ensure that you protect your claim and make the decisions that are right for you along the way.

  

Protecting Your Legal Rights and Obtaining Fair Compensation with the Help of a Dog Bite Attorney

If you’ve been attacked and harmed by someone else’s dog, the path forward is challenging, but having a practiced dog bite attorney in your corner can make a significant difference in the outcome of your claim. Ultimately, your claim will hinge on evidence and your attorney’s ability to parlay that evidence into just compensation via skilled negotiations. Finally, if the insurance company will not engage in fair negotiations, your attorney will be well prepared to skillfully take the matter up in court.    

Reach Out to an Experienced New Jersey Dog Bite Attorney Today

If someone else’s dog bites and injures you, David J. Cowhey at The New Jersey Dog Bite Lawyer is a focused dog bite attorney who practices solely in this challenging legal arena. As such, Mr. Cowhey has a wealth of imposing experience successfully guiding difficult dog bite claims like yours toward favorable resolutions and is here for you, too. To learn more, please call David J. Cowhey at 866-259-4377 or reach out to us through our online form.