You may have been welcomed to greet and pet someone else’s dog, when, all of a sudden, they may have bitten you. After this event, the dog owner may assure you that this is completely out of character and that they have never done this to anyone else. Without a record of violent behavior, you may be unsure if you have valid grounds to pursue a legal claim for your medical bills and other incurred damages. If this is your current predicament, please read on to discover who is possibly liable for your injury and how one of the seasoned Bergen County dog bite attorneys at McNerney & McAuliffe can help you hold the right party accountable.
Who is liable for a dog bite injury in New Jersey?
Most states follow a “one bite rule,” which essentially gives an owner one free pass if their dog bites or attacks someone else. However, New Jersey enforces a strict liability standard, in which an owner is held legally liable even if their dog has never shown any signs of aggression. This is to say that it is almost always likely that you will take your dog bite injury claim against an owner. Here, you will not have to prove an owner’s negligence, but simply establish that the bite took place under qualifying circumstances (i.e., you were lawfully present on their premises or in a public place).
Can multiple parties share liability in a dog bite accident?
Under certain circumstances, an owner may share responsibility for a dog bite accident with another party. For example, a landlord or property owner may know that a tenant owns a dangerous dog but fails to take reasonable action to protect others (e.g., does not fence the premises or post warning signs in common areas, etc). Or, a dog walker, pet sitter, kennel operator, groomer, or veterinarian fails to keep a dog secure while under their control (i.e., does not put a leash on, hold onto the leash tightly, etc). Lastly, a parent of a minor child may fail to supervise their actions, which may trigger a dog’s attack mode (i.e., they pull on a dog’s tail, kick them, throw a toy at their face, etc).
If you can relate to any of these examples, you may be able to place your dog bite injury claim against multiple parties. Importantly, though, you must understand that New Jersey’s strict liability law only applies to dog owners. So, you may have to make the extra effort to establish the other party’s negligence in the matter. At the same time, the other parties may fight back and attempt to shift some of the responsibility onto you. That is, they may claim that you were an unwelcome visitor on the premises, that you provoked the dog, etc. With this, the state goes off a comparative negligence standard, so your total recovery may be reduced in proportion to your assigned blame.
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 one of the competent Bergen County personal injury attorneys. You may rest assured when you work with McNerney & McAuliffe.