Monmouth County NJ Dog Bite Attorneys
Dogs can be a source of great joy for individuals and families; it is no surprise that they have earned the title of “man’s best friend.” However, not all dogs are created equal, and some can be dangerous. According to the United States Centers for Disease Control, approximately 4,500,000 dog bites occur in America each year. Among dog bite incidents, children are frequent victims, particularly those between the ages of 5 and 9. Men are also more likely than women to be victims of dog attacks. When dog bites do occur, New Jersey holds dog owners accountable for the harm inflicted by their animals. If you or someone you love suffers an injury after a dog attack in New Jersey, you may be entitled to collect damages for medical expenses, rehabilitation treatment, loss of income, and pain and suffering. Understanding your rights is critical to ensuring that you receive the compensation you deserve.
At Chamlin, Uliano & Walsh, our legal team is composed of multiple New Jersey Supreme Court Certified Civil Trial Attorneys, including Charles J. Uliano, who is one of only 43 of the 80,000 attorneys in the state of New Jersey who holds a dual certification from the New Jersey Supreme Court as a Civil and Criminal Trial Attorney. Having been named among the highest-rated attorneys from organizations such as Martindale-Hubbell and Super Lawyers, we utilize unparalleled credentials and over 50 years of combined experience to achieve maximum compensation for personal injury victims across New Jersey. Whether investigating the circumstances of your case, battling with insurance companies, or zealously advocating for you in court, we commit ourselves 100 percent to pursuing your best interests. To speak with one of our seasoned New Jersey dog bite attorneys today, contact our offices in Monmouth County at 732-440-3950. Our highly knowledgeable lawyers are available anytime to answer your questions and injury consultations are provided free of charge.
New Jersey Dog Bite Law: Strict Liability
New Jersey operates under a strict liability model with regard to dog bite cases, holding owners responsible for the behavior of their dogs on both public and private premises. According to N.J.S.A. 4:19-16, a dog’s owner is liable for any damages suffered by an individual bitten by their dog. Additionally, this law does not make exceptions for a dog that has never bitten anyone before. Per the dictates of strict liability, a dog need not demonstrate a history of violent behavior in order for the dog’s owner to be held liable for damages caused by a dog attack. This means that the dog’s owner does not have to know that their dog will bite to be held liable. Whether it is the first bite or the tenth, the owner is responsible for the actions of their dog. This applies in both public places and on the dog owner’s own property, as long as the victim is on the property with the owner’s express or implied permission, performing duties required by the state, or delivering mail as a postal delivery employee.
Factors That Can Reduce a Dog Owner’s Liability
While the term strict liability implies that a dog’s owner is responsible for their dog biting someone no matter what, the reality is that there are some exceptions. Strict liability means that when the victim is bitten through no fault of their own, the dog’s owner is responsible. However, if the dog bite victim is trespassing on the dog’s property, the dog’s owner is not liable. If the dog bite victim was provoking the dog until the dog bit them, the dog’s owner is also not liable, as the victim provoked the dog into attacking.
Other instances in which a dog’s owner may not be liable include when the victim’s injury is not caused by being bitten or if the individual the victim is filing the claim against is not the dog’s owner. For example, if the victim mistakenly identifies a roommate as the dog’s owner, that roommate will not be held liable because they are not the dog’s owner. Additionally, there are cases where other people may be partially or fully responsible for a dog bite victim’s damages.
Alternative Legal Theories Providing Grounds for Dog Bite Claims in NJ
There are other instances in which strict liability may not apply, but other grounds for filing a claim for a dog bite may still exist. Two possibilities include negligence and premises liability.
Negligence
Dog owners, and others responsible for the dog, are required to exercise reasonable care in controlling the dog. This means taking actions such as fencing in a yard, keeping the dog on a leash, shortening the leash or putting the dog inside if the dog is agitated at the approach of another person, or even putting a muzzle on a dog known to bite. If the dog owner or someone else responsible for the dog at the time the dog bites someone did not exercise this reasonable care and that negligence allowed the bite to occur, they can be held responsible through a negligence claim. If the individual responsible for the dog when the bite occurred is not the owner, they may be held partially liable while the owner is also held liable.
A victim may also be held partially liable in a negligence claim. For example, if the victim was walking and texting, walked into the dog, and was then bitten, the victim may be seen as partially responsible because they were not paying attention to where they were going. In fact, if the victim is also partially responsible, liability may be split between the owner, the party responsible for the dog at the time of the time of the bite, and the bite victim.
Premises Liability
Premises liability is a little different than negligence. With premises liability, a property owner or business owes the people who come onto that property protection from hazards. Strict liability means that the dog owner is responsible even if the dog owner has never bitten before, while negligence means the dog’s owner or other responsible party failed to take an action to protect the dog bite victim. Premises liability means that the dog’s owner or other responsible party knew that the dog might bite and failed to warn the victim of the dog’s presence or take steps to protect the victim from the dog.
For a premises liability claim, the bite victim will need to show that the dog owner or other responsible party owed them a duty of care and breached this duty of care. The victim will also need to prove that this breach was a direct and proximate cause of the bite, and that the victim suffered damages from the bite. Direct cause means that without the breach of the duty of care, the dog would not have been able to bite the victim. Proximate cause means that the bite was substantially responsible for the injuries, that the responsible party should have been able to foresee that the dog would bite, and that it was reasonable to know that any actions or lack of actions before the bite would lead to the bite (such as the owner should have reasonably known that their failure to close the dog in another room would lead to the victim being bitten).
Common Dog Bite Injuries in New Jersey
Dog bite injuries can be traumatic, both physically and emotionally. According to the CDC, nearly 1 out of 5 dog bites become infected, particularly because of the bacteria that dogs carry in their mouths. Some of the most common injuries sustained by dog bite victims include:
- Infections
- Scarring and disfigurement
- Bruises and lacerations
- Broken bones
- Damage to nerves and tissues
- Viruses, including Rabies, Pasteurella, Staph infection, and Tetanus
- Psychological trauma
In addition, there are a number of serious injuries a dog bite victim can sustain, including eye injuries that may cause blindness or the loss of the cornea, organ damage, amputations, traumatic brain injuries caused when the victim falls and hits their head, and death. Seeking medical treatment and obtaining documentation of your injuries is essential to the success of your claim. We will work with you and the necessary medical experts to create a compelling illustration of the detrimental effects of your dog bite injury on your life. Ultimately, we seek damages for all of these negative impacts, including financial losses and the pain and suffering resulting from the event.
Prevalence of New Jersey Dog Bite Incidents
In 2020, there were 467 dog-bite claims filed in New Jersey, or more than one bite per day; the same year, there were only 57 shark bites worldwide. The New Jersey Department of Fish and Wildlife reported only one human attack and 13 instances of aggressive behavior by a bear in 2023. There are approximately 1.4 million dogs in New Jersey, compared to an estimated one billion sharks and a little over 3,000 bears in New Jersey. This means that, despite many people’s fears of sharks and bears, they are substantially more likely to be bitten by a dog in New Jersey than a shark or bear.
What is even more significant is that while these incidents are reported as a dog bite, using the singular bite, these incidents can be made up of multiple bites by the same dog, causing serious injuries to the victim. A study of pediatric facial dog bites found that 68% occurred to children aged five and under, and of those, nearly 90% were from dogs the victims knew. Adults are often victims of dog bites too, but children frequently suffer more severe injuries due to a weaker immune system, smaller size, and being unable to fight back as hard as an adult. Even adults can suffer serious injuries, however. Dogs frequently have strong jaws and sharp teeth that allow them to do significant damage.
In 2023, the average dog-bite claim settlement increased by 10% for an average of $58,545. While some of this increase may be due to inflation and the cost of medical treatment increasing, it is also related to victims sustaining more serious injuries that require more extensive treatments.
Pursuing the Full Scope of Damages in NJ Dog Bite Lawsuits
A New Jersey dog bite may lead to a variety of damages being awarded to the victim. The largest portion of most successful claims is for the victim’s medical bills, both current and future, and includes surgeries, hospitalizations, medical devices, and medications the victim may need. Rehabilitation and therapy as well as disability may also be recoverable damages as the victim struggles to recover both physically and mentally to their previous state of health or as close to it as possible. The victim may also be able to recover lost wages and income and a diminished earning capacity if the bite permanently or temporarily reduces their income. Disfigurement and scarring, chronic physical pain, and pain and suffering are also physical damages that can be recovered. Emotional distress, post-traumatic stress disorder (PTSD), loss of consortium, and loss of enjoyment of life are other damages that a victim may be able to recover, though these damages are non-economic and not as easily proven as many of the other damages.
When pursuing compensation for your injuries after a dog bite, you may wonder who will be responsible for producing those funds. Typically, dogs are covered under their owner’s insurance policies. Homeowner’s insurance is intended to cover accidents and injuries that occur on the property, while some individuals also take out specific policies to cover their dogs. When pursuing your claim, the insurance company is often the largest impediment to receiving the compensation you deserve. An experienced personal injury lawyer at our New Jersey law firm, who regularly confronts these parties, can serve as the champion of your cause and ensure that you are not deprived of just compensation.
Factors That Determine the Value of Your Dog Bite Case in New Jersey
There are several factors that influence how much a dog bite case is worth. Some factors that may influence the value include the dog’s breed and that breed’s propensity for biting, the individual dog’s history of biting or other violent attacks on people or other animals, witnesses to the victim’s attack or to past aggressive behaviors, and the extent of the victim’s injuries and whether there are lifelong consequences such as permanent disfiguring scars or a new fear of dogs.
Additionally, whether the bite victim is an adult or a child may influence the value of the case and the location of the bite. For example, a child who is attacked in their own backyard by a large dog may have a more valuable case than an adult who is bitten by a small dog while making repairs to the dog owner’s home. However, all of these factors may be weighed differently in each unique case, so it is important that victims not make assumptions about their case’s value. Victims should also be wary of any dog bite attorney who promises them a specific amount of money, particularly if this promise is made during an initial consultation or before engaging in any negotiations with the insurance company or dog owner.
Key Evidence that Can Maximize Your Dog Bite Compensation
New Jersey is a very victim-friendly state when it comes to dog bites. Generally, the victim only needs to prove they were bitten by a dog and who the dog’s owner is. However, while this is the minimum standard that may be required, the more information that a victim has to build their case, the higher the chances of a successful recovery. The same factors that can influence the claim’s value can also be essential to a successful claim. Other information that can be essential to a successful claim are details regarding the injury. Medical records that indicate the full extent of the injuries sustained, including details about emergency treatment and ongoing treatment, such as surgeries and medications required now and in the future, can be very beneficial. Information explaining permanent injuries or permanent disabilities resulting from the injuries sustained can also be essential to persuading either an insurance company or a judge or jury that the victim deserves compensation.
The Time Limit for Filing a Dog Bite Claim in NJ
In New Jersey, dog bite victims typically have two years to file their claim before it is barred. However, there are some exceptions to this. Additionally, it can take time to gather evidence, find and speak to witnesses, and build a solid case that can get the victims the compensation they deserve. Therefore, it is strongly recommended that victims do not wait and, instead, speak with a dog bite attorney as soon as possible after the attack.
Contact our Ocean County NJ Dog Bite Lawyers to Discuss Your Case
Our accomplished team of New Jersey dog bite lawyers at Chamlin, Uliano & Walsh has achieved millions of dollars in verdicts and settlements on behalf of injured victims in New Jersey. We can help gather evidence, including medical records and any records of previous attacks by the same dog on other people or animals. We can also find witnesses and record their statements about the attack, negotiate with insurance companies or dog owners, and create a compelling tale of what happened that helps a judge or jury understand the significant impact the dog bit has had on your life. Perhaps the most important benefit that our attorneys can offer you is the ability to focus on your recovery without worrying about fighting for the compensation you deserve. While you focus on healing physically, emotionally, and mentally, we can fight on your behalf to recover your damages.
If you have been bitten by a dog and need to file a claim or have questions regarding a dog bite lawsuit in Colts Neck, Holmdel, Manasquan, Red Bank, Long Branch, Middletown, Wall, or elsewhere in New Jersey, contact us at 732-440-3950 to speak with a dog bite lawyer today. You can also contact us using our convenient online form to schedule a free consultation and learn more about how we can help you begin rebuilding your life.