Even though they are said to be “man's best friend,” dog bites are fairly common. The experience alone can be traumatizing even when the injury itself may not be significant. Victims who have been hurt deserve to be fully compensated for their injuries, including any pain and suffering.
At Klatsky & Sciarrabone, our attorneys will make sure you get full and fair compensation. We know the law. We know the community. We know how to deal with insurance companies and other potentially liable parties. Contact us at 732-741-3200 to schedule a consultation to learn more about how we will help you during this traumatic time.
Who Is at Fault?
In New Jersey, the liability of a dog owner is set by a statute, namely N.J.S.A. 4:19-16, which states:
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 [the person] is on the property in the performance of any duty imposed upon [the person] by the laws of this state or the laws or postal regulations of the United States, or when [the person] is on such property upon the invitation, express or implied, of the owner thereof.
Overview of the Civil Litigation Process
In those cases which cannot be settled without filing a lawsuit, the lawsuit is initiated by the plaintiff filing a Complaint which outlines the factual allegations giving rise to the claims entitling the plaintiff to an award. The filed Complaint is then served upon the defendant along with a Summons which directs the defendant to file an Answer and serve a copy of same upon the plaintiff. The defendant's Answer responds to the factual allegations set forth in the Complaint and asserts defenses to the plaintiff's claims.
After the defendant's Answer has been filed and served, the discovery phase of the litigation begins. During discovery the parties gather evidence through such methods as (a) interrogatories, which are written questions requiring written responses certified to be true, (b) depositions, which are verbal statements given by witnesses under oath in response to questions asked verbally, and (c) written requests for documents. Additionally, the parties may use requests for admissions to get one another to admit certain facts are true so as to avoid the need to offer evidence at trial to prove those facts admitted by the opposing party.
After discovery is complete, the parties will usually attempt to agree upon a settlement.
If the parties are unable to reach a settlement, then their case will proceed to trial.
Examples of Why Dogs Bite
Dogs bite people for many reasons. Some of the most common include:
- The dog is chained or otherwise in some kind of stressful situation.
- The dog is trained to attack.
- The dog feels scared or threatened or is otherwise provoked.
- The dog has experienced abuse in the past.
- The dog wants to protect itself, its guardians, or its puppies.
- The dog is ill.
Provocation and Dog Bites
It is important to note, though, that regardless of why the dog bit, you are not at fault unless you unreasonably and voluntarily exposed yourself to a dog you knew had a propensity to bite or in some way provoked the dog. Provocation is pretty much any act that causes an immediate and radical change in the dog's behavior. It can include but is not limited to:
- Hitting the dog
- Trapping the dog in a small space
- Pulling on its tail, legs, ears, or fur
- Stepping on its tail
Common Injuries from Dog Attacks
The injuries that victims can suffer in a dog attack can be severe and life changing. Some of the most severe include:
- Severe lacerations, often requiring numerous stitches or sutures
- Serious infections
- Nerve damage
- Dismembered fingers
- Partial paralysis
- Chronic pain
- Scarring
Contact Klatsky & Sciarrabone Today
If you or a loved one have been bit by a dog, the owner of the dog may be held accountable for the injury and, thus, liable for compensation. At Klatsky & Sciarrabone, our attorneys want to make sure members of our community who have been bit by a dog are fully compensated. Contact our office online or at 732-741-3200 to schedule a consultation and get a better understanding of your specific dog bite injury case.