A Dog Attacked Me…What are My Rights?

Dog bite injuries can have a substantial impact on a victim, including medical expenses, pain and suffering, and lost wages, and while New Jersey law provides some structure for seeking compensation, figuring out the legal complexities, local laws, and statute of limitations can be challenging for the victim and their family.

The American Veterinary Medical Association states: “There are 90 million dogs in the United States. From nips to full-blown attacks, dog bites are a serious problem. Millions of people are bitten by dogs each year in the United States. Of these, hundreds of thousands seek medical attention. About half of dog bite victims are children. Home service providers like mail carriers or meter readers are also common targets.”

Einhorn, Barbarito, Frost, Botwinick, Nunn & Musmanno’s Accidents/Personal Injury Practice has represented many victims of dog attacks, including a recent settlement of $750,000 for injuries that a delivery person sustained when a resident’s two dogs attacked him, causing injuries to his shoulders, knees and left ankle, surgical intervention, and lost wages.

New Jersey’s Dog Bite Statute (N.J.S.A. 4:19-16), enacted in 1933, governs personal injury matters dealing with dog bites and establishes a “strict liability” cause of action that a plaintiff who is injured by a dog may assert against a dog’s owner if the plaintiff proves the elements set forth in the statute. The term “strict liability” means that the dog owner is liable for damages, regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.

In other words, if a dog bites a person, the owner must pay for the bodily injury caused by its dog. In New Jersey, a plaintiff generally must file a dog bite injury claim within two years from the date of the attack, although there are some exceptions.  Typically, dog bite claims are handled by the dog owner’s renter’s or homeowner’s insurance policy, but a lawsuit may be necessary to receive fair compensation. Every dog bite case is fact sensitive and the value of the claim may depend upon relevant factors such as:

• The conduct of the person who was injured
• Whether there was any provocation or disregard of the owner’s warning
• The victim’s previous experience with the dog
• The victim’s knowledge of dogs generally
• Whether the injured person was warned of the dog’s dangerous propensities

If you are bitten by a dog, here is a checklist of steps you should take:

• If the dog’s owner is present, request proof of rabies vaccination, and get the owner’s name and contact information.
• Clean the bite wound with soap and water as soon as possible.
• Consult your doctor immediately, go to the emergency room and/or be evaluated by a plastic surgeon to minimize residual scarring.
• Seek psychological support if warranted, particularly when the victim is a child.
• Contact one of our experienced personal injury attorneys at 973-627-7300 to discuss your case.