The state of New Jersey follows a strict liability rule for dog bite cases. This holds that a dog owner is liable for injuries and damages caused by their dog, regardless of whether the dog has ever bitten or attacked anyone previously. And so, if your child was made a victim of such, you may pursue a dog bite injury claim on their behalf without needing to prove that the owner knew or should have reasonably known that their dog was dangerous. However, you may have a duty to establish other extenuating circumstances. With that being said, please continue reading to learn the importance of where and with whom your child’s dog bite incident occurred, and how an experienced Morris County, New Jersey dog bite lawyer at Macri Law Firm can help determine what this means for your potential legal claim.
Does it matter where my child’s dog bite incident happened?
If your child’s dog bite incident occurred at a public park, street, sidewalk, etc., it may be fairly straightforward to hold the owner accountable in an injury claim. The one defense the owner may take is that your child provoked their dog, which prompted the bite or attack. However, you may counter by stating that your child is too young to be capable of causing such damage.
Your case may get more complicated, though, if the accident took place on an owner’s private property (i.e., on your neighbor’s front yard, inside your friend’s house, etc). With this, you may carry the burden of proof to establish that you and your child were welcomed, social guests, and thereby possessed a lawful presence.
Your argument may be supported by a written invitation from the owner, such as a text message requesting your presence. Or, testimonies from neighbors or pedestrians who saw the owner unlock access to the property for you and your child (i.e., opened the front gate). Lastly, security camera footage from the property or neighboring properties exhibiting the welcomed entrance.
Does it matter who was present at the time of my child’s dog bite?
Say, for instance, that a dog owner was not present at the time of your child’s dog bite incident. With this, you may wonder whether they can still be assigned as an at-fault party in your upcoming injury claim. Well, thanks to New Jersey’s strict liability rule, the answer may be yes, along with multiple other parties.
For example, the dog owner may not be the owner of the private property they reside on (i.e., they are a tenant of a rental property). Well, the dog may have escaped through a hole or loose fencing along the premises and bitten or attacked your child. This may make the landlord at fault. However, the dog owner may still have been negligent in failing to supervise their dog.
Secondly, say your child’s incident occurred when a hired walker was minding the dog. Well, they may be held responsible if they acted with extreme carelessness (i.e., not using a leash). Furthermore, an exception in which the owner may not be pinned with liability at all is if there is evidence of the walker provoking the dog in the moments before the bite or attack.
The bodily injuries and financial damages your child is facing may just underscore the importance of obtaining strong legal representation. For this, look no further than a skilled Parsippany, New Jersey personal injury lawyer from Macri Law Firm. Our team looks forward to collaborating with you.