For most people, most of the time, a dog is man’s best friend. Unfortunately, a dog can still be a dangerous animal, often because of the way it’s raised or treated. National statistics indicate that more than four million people seek treatment every year because of attacks by dogs, whether they’ve been bitten, mauled or otherwise injured. In New Jersey, the law governing liability for dog bites imposes what is known as “strict liability,” making the process easier for those who have been victims of an aggressive canine.
What Is Strict Liability?
In most personal injury claims, as we discussed in an earlier blog series, the injured party must prove that the defendant was negligent—i.e., that there was a duty to use reasonable care and that duty was breached. Under the principles of strict liability, there’s no requirement that you prove negligence. As applied to the New Jersey dog bite law, that means that you don’t have to show that the owner of the dog acted unreasonably or carelessly. Instead, if you can show that you were either on public property or on the dog owner’s property with permission, the only two things you will need to prove to recover for your losses are:
- You were bitten by the dog
- The defendant owned the dog
It won’t matter if the dog has a history of aggressive behavior. You can recover even if you are the first person the dog ever attacked.
It’s important to understand, though, that the concept of strict liability only applies to bites and maulings. If a dog chases you and you are hit by a bicyclist or hit by another car, you may still have to prove negligence.
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment.
Evening and weekend meetings can be arranged upon request. We’ll come to your home or the hospital to meet with you, if necessary.
