You may not want to hold resentment towards a dog that bit you and caused you injury. You may be sympathetic towards the fact that they had a fleeting moment of feeling threatened or simply playing until it escalated to aggression. However, you may be within your rights to blame their owner and potentially even hold them liable in an injury claim. With that being said, please read on to discover the best ways to prove a dog owner’s negligence in your accident and how a seasoned Morris County, New Jersey dog bite lawyer at the Macri Law Firm can help you successfully obtain recovery.
What New Jersey laws are dog owners held to?
Some states have a “one-bite” rule, in which a dog owner essentially gets a free pass the first time their dog bites and injures someone else. However, New Jersey is not one of these states, and rather holds owners strictly liable for any damage their dog inflicts on another party, regardless of whether they have a history of violent or aggressive behavior. That said, for a dog owner to be in the legal wrong, the following elements must be true in a dog bite injury claim:
- The defendant must be the owner of the dog that attacked or bit the plaintiff.
- The plaintiff must have been in a public place or a lawful visitor on private property.
- The dog attack or bite must have taken place at this established location.
How do I prove a dog owner’s negligence in my dog bite accident?
It may not be enough to prove that your dog bite accident took place in a public place or while you were a welcome guest on private property. That is, as the plaintiff of an injury claim, you carry a burden of proof in establishing the dog owner’s negligence in the matter. This is because the owner can very easily argue your negligence, claiming that your behaviors or actions provoked their dog into entering attack mode. And so, the following pieces of proof may be useful to back up your claim:
- A photo of the accident scene, to establish that it is a public place.
- Correspondence between you and the dog owner, to establish your invitation onto their private property.
- Photos of your visible injuries (i.e., lacerations, puncture wounds, etc.) while you are still at the accident scene.
- Surveillance camera footage that captured how the dog attack or bite played out in real time.
- Eyewitness testimonies from individuals who were on the scene at the time of the dog attack or bite.
- Copies of your medical records from the emergency visit and follow-up appointments for your dog bite injuries.
- Animal control records, to establish the dog’s previous attack or biting incidents, if relevant.
We understand just how overwhelming all of this can be for you. So, if you have any remaining questions, please consult with a competent Parsippany, New Jersey personal injury lawyer. The team at the Macri Law Firm is willing and able to provide you with legal assistance in any capacity.