New Jersey Dog Bite Laws
Statistics compiled by the Humane Society reveal that there are over 83 million dogs in the country. Each year, many dog attacks occur, as well. If you or a loved one is involved in a dog attack, a seasoned accident attorney can prove helpful in responding to the case. If you were harmed by a dog attack, a skilled lawyer can fight for the compensation that you deserve. If your dog attacked someone else, a lawyer can also be helpful in making sure that your dog is not taken away from you.
Strict Liability Law in New Jersey
The state of New Jersey utilizes a strict liability law, which makes a dog’s owner liable when the dog attacks someone, provided that the victim was located on public property or had authorization to be on private property at the time of the attack. This law does not require the dog’s owner to be aware that the dog had ever been vicious. Instead, if a victim is bitten by a dog, then the animal’s owner will be required to pay compensation for all resulting injuries.
When a Dog Owner is Careless
In situations when a dog injures a person without biting him or her, the strict liability dog bite law is not applicable. Instead, to obtain compensation in these situations, a person must establish that the dog’s owner behaved negligently. There are four elements to a negligence claim, which include establishing that the owner had a duty to use reasonable care to prevent the dog from attacking others, that the owner failed to uphold this duty, and as a result of this duty, the dog attacked a person.
Dangerous Dog Laws in the State of New Jersey
The state of New Jersey has a set of laws regarding how dangerous dogs are treated. This process is initiated when an animal control officer begins to view a dog as a serious threat. After the dog is captured by the officer, both the appropriate court and the dog’s owner will be notified. If the court decides the dog is dangerous, then the animal’s owner will be required to obtain a special license, place warning signs on the dog’s premise, and keep the dog adequately restrained. Failure to obey these orders can result in a person facing $1,000 of fines each day.
Defenses to a Dog Bite Claim
There is often a defense that a dog’s owner can introduce in response to a lawsuit. The strict liability law in the state of New Jersey states that if a person trespassed onto private property and then attacked, the person who is attacked will be unable to initiate a claim. Other times, dog owners argue that the person who was attacked provoked the dog into attacking them.
Obtain the Assistance of an Attorney That Specializes in Dog Bite Cases
The Ferrara Law Firm employs experienced legal counsel that understands the unique challenges presented by dog bite cases. Whether you are a victim of a dog attack or the owner of a dog who allegedly attacked someone, the legal counsel at Ferrara Law will remain committed to fighting for a positive outcome in your case.