EDWARD C. LUTZNJ Dog Bite Law
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Dog Bite Q&A: Everything You Need To Know When You’ve Been Bitten By A Dog
New Jersey is considered a “strict liability” state. This means that even if the dog owner used reasonable care to restrain the dog and protect and warn others, the owner of the dog is still liable for any injuries resulting from a dog bite. Therefore, when a dog bites someone, the victim does not need to prove that the owner of the dog was negligent, reckless, or careless. The only thing that must be proven is that the victim was bitten, sustained injuries and was lawfully on the premises when the bite occurred.
The only defense for dog owners in the State of New Jersey is provocation or that the victim was not lawfully on the premises at the time of the bite, i.e. tresspassing. If a person is on a public sidewalk and is bitten by a dog and sustaineds injuries in an unprovoked attack, then strict liability would apply. The same would hold true if a postal carrier is lawfully on private property to deliver the mail and is bitten in an unprovoked attack, the owner of the dog would be strictly liable for injuries sustained.
How To Treat A Dog Bite And Prevent Infection
Getting bitten by a dog is traumatic. Nothing prepares you for the moment when a dog decides to attack you. While you are trying to treat the injuries caused by a dog attack, you may have questions. You know the dog’s mouth and teeth have been in contact with your body. What happens if an infection starts? How do you know whether your dog bite has become infected? If you are a victim of a recent dog attack, it is important for you to know what to do.
Should I Hire An Attorney If I Have Suffered A Dog Bite Injury?
If you are the victim of a recent dog bite injury the answer is yes! In the state of New Jersey the dog owner is liable for all injuries resulting from a dog bite and you should contact an expert in dog bite personal injury cases as soon as possible.
Who Is Liable In When A Dog Bite Injury Occurs?
All dog bites within the state of New Jersey are covered under section 4:19-16 of the New Jersey Statutes. New Jersey is a “strict liability” state meaning a dog owner is liable for all dog bite injuries caused by a dog bite. Even if the owner used reasonable force and care to restrain, protect, and/or warn others about a possible attack, the owner is still liable in the state of NJ.
How Much Time Do I Have To File A Dog Bite Injury Claim?
In the state of New Jersey there are specific deadlines for filing all personal injury related cases within the state’s civil court system. Dog bite injury cases fall under the same statute which is also known as the “statute of limitations.” Under the statute of limitations all dog bite injury lawsuits must be filed within two years from the date of the incident.
Do I Need To Call The Police?
There are no exceptions to the rule. It’s imperative you call the police immediately so a report can be filed.
If I Pursue A Dog Bite Claim Will The Dog Be Put To Sleep?
The laws related to dog attacks and euthenasia are different from state to state. Particularly in the state of New Jersey there is a dog bite statute. This statute is designed to have unprovoked dog attacks documented and recorded with the state. In the event the court finds the dog dangerous usually the owner must follow specific rules before there is any consideration of putting the dog to sleep especially if it’s a first-time attack.
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