Many children are naturally attracted to dogs, and most don’t have any understanding of the potential risks involved. What are the consequences if your child is bitten by a neighborhood dog? What should you do to protect your rights?
Like many states across the country, New Jersey imposes “strict liability” on dog owners when their canine bites someone, provided one of two conditions is met:
Under the concept of strict liability, there’s no requirement that the victim show that the dog owner was careless or negligent, or had any prior knowledge of aggressive behavior by the dog.
It’s important to understand that the fact that a person (your child, for example) was not legally on the property will not necessarily prevent recovery for injuries. In such a situation, the strict liability statute won’t apply, but you may be able to recover compensation based on allegations of negligence. In a claim based on negligence, a jury may consider the extent to which the injured party (your child) caused the bite (by provoking the dog, for example), and may reduce your damage award accordingly. Under New Jersey’s comparative negligence approach, if your child is deemed to be more than 50% responsible for the attack, you may be prevented from any recovery.
Here are the important steps to follow:
