Can I Sue for a Dog Bite in New Jersey if it Had Never Bitten Anyone Before?

dog bite

Dog bites can cause serious physical injuries, emotional trauma, and significant financial losses. Many victims assume they cannot pursue legal action if the dog had no prior history of aggression. However, New Jersey law provides strong protections for dog bite victims. If you’re wondering whether you can sue even if the animal had never bitten anyone before, continue reading and schedule your free consultation with a Warren County dog bite lawyer today.

What Types of Damages Are Common in Dog Bite Cases?

Dog bites often result in severe physical and emotional consequences for the victim. Common physical injuries include deep puncture wounds, lacerations, and tissue loss, which can lead to infections requiring extensive medical treatment. Facial injuries are particularly serious, potentially causing disfigurement and requiring reconstructive surgeries. Nerve damage, fractured bones, and long-term scarring are also common outcomes.

Besides the physical trauma, victims often suffer significant psychological injuries, such as Post-Traumatic Stress Disorder (PTSD), anxiety, and phobias, particularly in children. Financial losses in these cases typically encompass:

  • Medical expenses: Emergency room visits, surgeries, medications, physical therapy, and future medical care or cosmetic surgery.
  • Lost wages: Income lost due to recovery time or reduced earning capacity.
  • Pain and suffering: Compensation for the physical discomfort and emotional distress endured.

Can I Sue for a Dog Bite in NJ if it Had Never Bitten Anyone Before?

Yes, you can sue for a dog bite in New Jersey even if the dog had never bitten anyone and had no previous history of aggression.

New Jersey operates under a strict liability statute concerning dog bites, as established under N.J.S.A. 4:19-16. This law is crucial for victims because it eliminates the need to prove that the dog owner was negligent or that they knew their dog was dangerous.

Under strict liability, the owner of any dog that bites a person while they are lawfully on the owner’s property or a public place is financially responsible for the victim’s damages, regardless of the dog’s prior behavior.

How Can I Recover Compensation for a Dog Bite?

In order to establish a claim under this statute and recover compensation, you only need to prove three things:

  1. The defendant owned the dog
  2. The dog bit you
  3. You were lawfully in the place where the bite occurred

The fact that the owner had no warning that their dog might bite is not a defense they can use to avoid liability. This strong legal framework ensures that dog bite victims in New Jersey have a clear path to seeking compensation for medical expenses, lost wages, and pain and suffering, even if it was the dog’s first sign of aggression. Consult with a skilled attorney for more information and legal advice today.

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