Dog Bite Attorneys in Roseland

If someone else’s dog in New Jersey bit or injured you, you can seek compensation. A Roseland dog bite attorney may be able to help you hold them strictly liable for your injuries and losses. New Jersey’s dog bite laws allow victims to hold dog owners liable for injuries their pets cause without needing to prove the owner was negligent.

Contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with one of our skilled Roseland dog bite lawyers about your case. We’ll review the incident and go over the dog bite laws that may apply to your case. We’ll walk you through the process of seeking the compensation you deserve.

Common Injuries Caused by Dog Bites

Dog bites can cause severe injuries. These wounds can require extensive medical attention and may result in permanent scarring, disfigurement, or loss of mobility. Some of the most common injuries dog bite victims sustain are:

• Lacerations: Dogs have sharp teeth meant for tearing. That means bite victims often receive both puncture wounds and lacerations when the animals pull after clamping down on someone.
• Broken Bones: Larger dogs have jaws strong enough to fracture bones, particularly the smaller bones in the hands. These injuries may require surgery and months of physical therapy.
• Soft Tissue Injuries: A dog’s bite can tear muscles, ligaments, and tendons, requiring surgery to repair and potentially leading to permanent mobility issues.
• Infections: Like any animal, dogs have a lot of bacteria in their mouths that can cause infections in those bitten. Although it’s not common to get rabies from a dog bite in the U.S., you should always get a rabies vaccine just in case.

Strict Liability for Dog Bites in Roseland

Under NJ Revised Statutes Section 4:19-16, dog owners can be held strictly liable for bite injuries their pets cause. Strict liability means the victim doesn’t need to prove that the owner’s negligence contributed to their injuries. Instead, the fact that the dog bit and injured them is enough to hold the owner liable.

Strict liability applies in public and when the victim is lawfully on private property, including the dog owner’s property. If the victim was trespassing, strict liability does not apply. However, that doesn’t necessarily mean they can’t seek compensation through a lawsuit based on negligence.

It’s also important to remember that strict liability only applies to bite injuries. It does not apply to other injuries caused by dogs. For example, if a dog knocks you over and you break your arm, strict liability does not apply. However, if the owner was negligent in restraining the dog, you could file a claim or lawsuit against them.

Does New Jersey Have a “One-Bite” Rule?

Some states have so-called “one-bite” rules. These rules protect a dog’s owner from strict liability if the dog hasn’t bitten anyone before and the owner has no reason to think their dog was dangerous. New Jersey is not one of those states. If a dog bites you in Roseland, the owner can be strictly liable, even if it was the first time the dog has bitten someone.

The main benefit of not having a one-bite rule is that dog bite victims in New Jersey can have an easier time recovering the compensation they need for their injuries.

Proving Negligence in Other Dog-Related Incidents

If a dog injured you in a way other than biting, you can’t rely on New Jersey’s strict liability law for dog bites. In these cases, you must prove that the owner’s negligence contributed to your injuries. To do this, you need to show that:

• The owner was responsible for controlling their dog
• The owner failed to control their dog
• The dog caused your injuries because of the owner’s lack of control

For example, let’s say you were injured after being knocked over by an off-leash dog in Bond Force Memorial Park. To hold the owner liable, you would have to show that the dog should have been on a leash due to local leash laws, that the owner allowed the dog to run off-leash, and that the dog would not have knocked you over if it were properly leashed.

Additionally, dog owners can be liable for non-bite injuries if they knew or should have known that their dog was potentially dangerous and didn’t take appropriate steps to protect others from harm.

Evidence your lawyer may use to prove the dog owner’s negligence includes security camera footage, incident scene photographs, eyewitness statements, and prior reports that the dog caused an injury.

What Is a Potentially Dangerous Dog?

NJ Revised Statutes Section 4:19-23 defines a potentially dangerous dog as one that has caused bodily injury to a person during an unprovoked attack, poses a threat of serious bodily injury or death to a person, or has caused or poses a threat of serious bodily injury or death to another domestic animal.

However, if the dog caused bodily injury to a person who provoked it or another animal that was the aggressor, it would not be considered potentially dangerous.

Comparative Negligence in Roseland Dog Bite Incidents

New Jersey uses a modified version of comparative negligence in personal injury cases, including those arising from dog bites, outlined in NJ Revised Statutes Section 2A:15-5.1. Under this law, the damages a jury awards a victim in a personal injury lawsuit are reduced by a percentage equal to their degree of fault for the incident.

For example, if the jury finds that you are 20 percent at fault for the injuries you sustained in the dog attack, the dog’s owner may only be liable for 80 percent of your losses. Additionally, the courts will bar you from recovering damages if you are more than 50 percent at fault for the incident.

While this statute only applies to damages won through a trial, insurance companies use it when negotiating settlements. If the insurance company believes a jury would assign you a certain degree of fault, it will use that in its settlement offer calculations.

This is one of many reasons why you should work with a Roseland dog bite law firm. A lawyer can maximize your compensation by presenting evidence that minimizes your degree of fault for the incident.

Deadline for Filing a Dog Bite Lawsuit in Roseland

Under NJ Revised Statutes Section 2A:14-2, dog bite victims have two years to file lawsuits against the dog’s owner. If you file your lawsuit after the statutory period lapses, the court can dismiss your case without a hearing. For this reason, it’s crucial that you begin working with an experienced Roseland dog bite lawyer as soon as possible. That will give them time to investigate the incident, gather supporting evidence, and file your lawsuit with the court before the time limit expires.

Frequently Asked Questions

Below, we’ve answered some of the most frequently asked questions about dog bite cases in Roseland, NJ.

What are my legal options if I’m bitten by a dog in Roseland?

If you were bitten by someone’s dog on their property, your first option for seeking compensation is to file a claim against their homeowners or renters insurance policy. These insurance policies often include liability coverage for injuries caused to property guests and frequently apply to dog bite cases because they fall under premises liability.

You can also file a lawsuit against the dog’s owner. The owner’s homeowners or renters insurance may cover the lawsuit, depending on the circumstances of the attack. Some dog bite victims don’t want to file a lawsuit against the dog’s owner if it’s a family member or friend. They worry that doing so will harm the relationship. However, in most cases, the insurance company will be liable for your compensation, not the dog’s owner.

What if the dog that bit me in Roseland had never bitten anyone before?

If the dog that bit you in Roseland had never bitten anyone before, you can still hold the owner strictly liable. New Jersey doesn’t follow a one-bite rule. New Jersey allows dog bite victims to bring a personal injury case based on strict liability. That is true even if the dog’s owner had no reason to believe their dog was potentially dangerous.

How do I know if I have a valid dog bite claim in Roseland?

The best way to know if you have a valid dog bite claim in Roseland, NJ, is to consult an experienced personal injury lawyer. After reviewing your case, a lawyer will be able to tell you its strengths and weaknesses and give you a straightforward assessment. Many personal injury law firms, including Brach Eichler Injury Lawyers, offer free consultations so you can get a better understanding of your case before proceeding.

Contact Our Dog Bite Attorneys Serving Roseland

If you were attacked by a dog in Roseland, NJ, contact Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation with an experienced animal bite attorney. Our firm has recovered over $535 million for our clients, including those injured by dog attacks. We’re prepared to fight for your right to seek compensation. During your initial consultation, we’ll review your case details, explain your options, and answer any remaining questions you have.