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New Jersey Injury Attorneys
New Jersey Dog Bite AttorneysA dog bite can result in serious injury and scaring. In New Jersey, the law provides for strict liability against the owner of a dog regardless of the prior propensities of the dog to bite, as long as the statutory requirements are met.
Strict Liability Statute
N.J.S.A. 4:19-16 (Liability of owner regardless of viciousness of dog) provides as follows:
“The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.
For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.”
Based on the law, there are three elements of the statute that must be met in order to recover for a dog bite injury in New Jersey based on strict liability. The person bitten by the dog bite must show the following:
That the defendant (or the person against whom the claim is being made) was the owner of the dog,
That the injured person was bitten by the dog, and
The person bite by the dog was in a public place or lawfully on the owner’s property.
When these three elements of the statute are satisfied, the owner of the dog that bite the injured party is strictly liable for the injury caused by the dog bite, regardless of the owner’s prior knowledge of the dog’s propensity to bite.
Landlords have certain legal responsibilities to keep their premises in a reasonable safe condition, free of known defects and hazards.
In the case of a dog bite where the landlord is not the owner of the dog that bite someone, New Jersey courts have ruled that in order to find the landlord responsible for the dog bite, the person who sustained an injury as a result of the dog bite must prove that the landlord knew or should have known of the dog’s vicious propensity to bite.
If it is established that the landlord knew of the dog’s vicious propensity to bite, the landlord may be found liable for the injuries caused by the dog bite.
New Jersey Dog Bite Attorney
If you or a loved one has been bitten or attacked by a dog, we will seek the maximum compensation for your pain and suffering, medical expenses, lost wages, and other damages.
Mr. DiMartini is a New Jersey personal injury lawyer. Since 1987, he has represented people injured in accidents throughout New Jersey and the New York City metropolitan area. He has a long record of success winning favorable settlements and awards for his injured clients.
Personal injury law is all we do. We know how to get results!
If you or a loved one has sustained a injury due to a dog bite injury, we are here to fight for your rights. Call Mr. DiMartini directly at 1.844.299.0030. You can also contact us online. The consultation is free. There is never a fee unless we win your case!