A domesticated dog may appear cute and cuddly, and you may trust that they have been well-trained to coexist alongside and interact kindly with humans like yourself. However, their ancestral, wolf-like instincts may still exist below the surface, and you just never know how they might react to outside stimuli. With that being said, if you have been attacked by a dog that has never bitten anyone before, please continue reading to learn if you can still sue their owner, and how one of the experienced Monmouth County dog bite attorneys at Wilton Law Firm can help you identify your viable legal options.
Of note, even if you were made the first victim of a dog’s bite or attack, you may still hold the right to sue their owner. This is because the state of New Jersey does not follow the traditional “one bite rule.” Rather, the state observes a strict liability standard, which maintains that a dog owner can be held liable even if their dog has never shown aggression before.
In other words, as the plaintiff of a dog bite injury claim in New Jersey, you may be relieved from the burden of proving the defendant’s negligence or prior knowledge of aggression. Instead, you may focus on establishing that you were in a public place or lawfully on an owner’s property when the bite occurred, which subsequently caused your injuries and damages.
If you cannot defend that you were a welcome visitor of the location of your dog bite accident, the New Jersey civil court may assign you with partial liability. With the state’s comparative negligence law, you cannot be found more than 50 percent responsible for the event. Or else, you may sabotage your chances of recovering any financial compensation.
Another circumstance that may shift the blame onto you is if a dog owner can prove they had a posted “beware of dog” sign on their premises. Or, they may argue that you provoked their dog and triggered their attack mode. For instance, if you snuck up on them while they were eating, if you pulled on their ears, tail, or fur while petting them, if you threw a toy at them, etc.
Someone else’s dog may not have necessarily bitten you. But still, they may have attacked you in a way that caused your injury. For one, a dog may have jumped on you, pushed you down, and caused you to break a limb or strike your head hard on the ground. Secondly, when they jumped on you, their claws may have deeply cut into your skin, leaving you with serious scars.
Thirdly, you may not notice they are obstructing your path in a public space, and you may trip and fall over them and hurt yourself. Lastly, if they begin to charge you, you may fearfully attempt to run away and twist your ankle or hurt your knee in the process. Well, in any of these scenarios, you can still sue a dog owner.
However, you must note that New Jersey’s strict liability rule does not apply to non-bite injuries, so you will have to file a negligence claim instead. This requires you to demonstrate that a dog owner owed you a duty of care (i.e., to secure their dog in public places) but breached it (i.e., did not put a leash on their dog) and caused your injury (i.e., head, neck, or back injury).
If, after reading this blog, you are confident that you are able and willing to pursue legal action against a negligent dog owner, your next step should be to contact a skilled Monmouth County personal injury attorney. You may rest assured when you work with Wilton Law Firm.
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