Dog Bite Attorneys Protect Your Rights

Your legal right to recover damages for a dog bite depends on where and how the attack happened. Dog bite laws in New Jersey are very strict and in fact, New Jersey is among the majority of American states that makes a dog owner legally liable for all of the damages inflicted upon a dog bite victim, even if the dog had never previously exhibited the propensity to bite humans. This liability results from New Jersey Statutes, section 4:19-16, which reads as follows:

4:19-16. Liability of owner regardless of viciousness of dog

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.

For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.

To recover under N.J.S.A. 4:19-16, a plaintiff must prove only that the defendant owned the dog, that the dog bit the plaintiff, and that the plaintiff was in a public place or lawfully on the owner’s property. The statute does not apply if the victim was trespassing without criminal intent, or the injury was not caused by a bite, or the target defendant was not the dog’s owner. However, a cause of action also can be based upon common law strict liability for scienter, negligence, and negligence per se, even if the dog had never previously exhibited the propensity to bite humans. This liability results from New Jersey Statutes, section 4:19-16, which reads as follows:

4:19-16. Liability of owner regardless of viciousness of dog

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.

To protect your rights to recover damages it is vital that you discuss the details of your case with an experienced lawyer. You may be able to recover damages for medical expenses, loss of wages, permanent scaring, future loss of wages, disability, or wrongful death.

Guberman, Benson & Calise know how painful and traumatic a dog attack can be, particularly to young children, who are frequent victims. If you or a family member has been bitten, you may be able to recover damages. It’s important to contact a reputable dog attack lawyer to discuss your options.  Contact us today and we will be happy to explain your rights.