How Can Dog Bite Victims Obtain Compensation?

A dog bite can result in serious injuries and psychological trauma. If you or a loved one got hurt in a dog attack in Middletown, New Jersey, you may be able to sue the owner for damages. It is their responsibility to keep people safe from their pet, and they have failed to do so. Our Monmouth County dog bite attorneys can help you gather evidence and build a case against a negligent dog owner.

New Jersey: No “One Bite” Rule

Unlike other states, New Jersey does not adhere to the “one bite rule,” which essentially alleviates liability from owners when a dog bites or attacks for the first time. As such, New Jersey adheres to a strict liability statute under NJ Rev Stat § 4:19-16. This means that an owner can face liability if their dog bites, even if they’ve never been aggressive in the past.

When Does Strict Liability Apply?

Under NJ law, strict liability will apply in any instance where:

• The defendant owned the dog
• The dog bit you
• You were in a public place (sidewalk, park, shopping center)
• Or, you were lawfully on private property

Are There Exceptions?

It’s important to understand that if you were provoking the animal or you were trespassing on the property when the bite occurred, the owner may be absolved of liability. When you are trespassing, the owner of a property does not have a duty of care to ensure the premises are safe. Similarly, the intentional teasing or provocation of an animal would place liability for the bite on you.

Who Can Face Liability?

Generally, the owner of the dog will face liability for any injuries their animal inflicts, and damages will generally be covered under their homeowner’s or renter’s insurance. However, other parties that can face liability include anyone with control over the animal at the time, like a dog walker or pet sitter, or a landlord if they knew or should have known the animal was dangerous.

What Do I Do Immediately After a Bite?

The immediate aftermath of a dog bite can be incredibly overwhelming. As such, ensuring you take the necessary precautions is critical to protect your health and ability to file a claim.

At the Scene

Immediately after you are bitten by a dog, you should:

• Get to a safe location away from the dog
• Call 911 for serious injuries or if the dog is still loose
• Ask for the police or animal control to respond to file a report
• Get the contact information of the owner
• Ask for the dog’s vaccination records, if possible
• Take photos of your injuries
• Get the contact information of any witnesses

Getting Medical Care

Seeking medical attention after a dog bite is critical to prevent further harm:

• Go to your local emergency room or call your primary care physician immediately
• Explain the circumstances of the accident
• Adhere to medical advice, including wound care and taking any prescribed antibiotics
• Keep all medical records and bills associated with the injuries

Avoid Insurance Calls

In the event that the insurance company for the dog’s owner contacts you, you should avoid making any recorded statements until you have consulted an attorney.

Common Dog Bite Injuries and Complications

Unfortunately, dog bites can often result in serious injuries and complications, such as:

• Puncture wounds
• Nerve damage
• Broken bones
• Damage to tendons and ligaments
• Scarring
• PTSD

Signs of Infection

Because dogs’ mouths harbor a considerable amount of bacteria, infections can occur. You should seek immediate medical care if you experience any of the following:

• Fever or chills
• Weakness
• Swelling, redness, and warmth around the wound
• Pus or drainage from the wound
• Discoloration near the wound

What Kinds of Damages Can I Sue For After a Dog Bite or Attack?

A dog bite can result in serious damages, from medical bills and lost wages to emotional damage and permanent scarring. Your compensation should address all of this by making up for things like:

• Medical expenses, including psychological care
• The cost of plastic surgery
• Lost wages
• Lost earning potential
• Property damage
• Any other pain and suffering caused by the attack

How Long Do I Have to Sue?

You do not have an unlimited amount of time to pursue legal action after a dog bite. The state of New Jersey gives victims two years to sue for damages in most cases. If you file after this statute of limitations expires, your case is likely to get thrown out, regardless of the strength of your case.

Schedule Your Case Consultation

If you or a loved one has been bitten by a dog in Monmouth County, taking legal action can help you fight for the justice and compensation you deserve. At the Wilton Law Firm, we understand how complicated these matters can be to navigate, which is why we will fight for the best possible outcome for your circumstances. Contact us today to learn more.