Dealing with the legal mess after a dog bite can be tricky, even if the canine had no prior history of aggression. If you’ve been injured by a dog in New Jersey, it’s in your best interest to connect with our Union County Dog Bite Lawyers who can help you understand your rights, evaluate the unique facts of your case, and determine the most appropriate legal course of action. Please continue reading to find out if New Jersey courts consider a dog’s history of aggressive behavior. 

Can You Sue for a Dog Bite in NJ If It’s the First Incident? 

Contrary to popular belief, a person can still pursue a lawsuit in New Jersey even if a dog has never attacked anyone previously. This is because New Jersey adheres to a principle of strict liability regarding dog bites. Under ​N.J.S.A. 4:19-16, the dog owner can be held accountable for the injury, regardless of the animal’s past conduct. It should be noted that victims are not required to demonstrate that the owner was aware of the dog’s dangerous nature. 

Strict liability signifies that the owner is automatically liable if specific criteria are met. For a successful claim, the following elements must be established: 

  • The injured party was legally present on the premises or in a public location. 
  • The injury was caused by a dog bite. 
  • The injured party sustained injuries or losses as a result of the bite. 
  • The ownership of the dog can be verified. 

It should be noted that the court focuses entirely on the incident itself, eliminating the need to demonstrate the owner’s carelessness or prior knowledge of the dog’s aggressive history. 

In most cases, the dog’s lack of prior aggressiveness is irrelevant, as past documentation doesn’t impact responsibility for bites in New Jersey. There is a significant distinction from jurisdictions that implement the “one-bite rule,” which often demands evidence that the owner knew the dog was hazardous. New Jersey dog bite laws are more favorable to victims, prioritizing their protection, meaning even a first-time attack can lead to liability. 

Nevertheless, bear in mind that the dog’s past record may still come up during settlement negotiations, potentially influencing compensation, or it could be pertinent in non-bite injury claims or arguments presented by an insurance carrier. 

What If the Dog Didn’t Bite Me but Still Caused Injury? 

When it comes to strict liability, it’s crucial to understand that it applies solely to dog bites. However, other types of injuries caused by a dog may still result in a legal claim under alternative statutes. Non-bite dog-related harm may include being toppled, cuts or claw marks, injuries sustained while attempting to elude a dog, and tumbles resulting from a dog’s reckless conduct.

For these types of injuries, a negligence claim is typically initiated, necessitating proof that the dog’s owner was careless or failed to govern the canine. In such circumstances, documentation of prior aggressive actions or insufficient oversight and restraint can bolster your claim. 

Acting quickly and consulting with an attorney at Lee Law Firm, LLC can maximize your chances of a favorable outcome. Contact our office today so we can begin working on your case.