When a dog attack leaves you injured, two of the most important questions to answer are why it happened and who is legally responsible for it. Unlike with many other types of personal injury claims, New Jersey dog bite cases do not require you to prove that a dog owner acted carelessly. The law places responsibility on the owner directly, which changes how a claim is built. Establishing dog bite liability in Perth Amboy often comes down to identifying the right party and anticipating how they will try to avoid responsibility.
At Voto & Cavalli Attorneys at Law, we approach every dog bite case with a combination of in-depth legal knowledge and genuine concern for what our clients are going through. Starting with your free initial consultation, our dog bite attorneys will walk you through how New Jersey law applies to your situation and what to expect as the case moves forward.
New Jersey holds dog owners accountable under a strict liability statute, N.J.S.A. 4:19-16. This means an owner can be held responsible for a bite even if the dog has never shown aggression before and the owner had no reason to suspect the animal posed a risk. The law does not ask whether the owner should have known better. It asks only whether the dog caused the injury while the bitten person was in a public place or lawfully present on private property.
Two narrow exceptions exist to the state’s strict liability doctrine. An owner may avoid responsibility if the injured person was trespassing at the time of the attack, or if the person provoked the dog into biting. Outside of those circumstances, the statute favors the injured party from the outset, which is part of what makes liability for a dog bite in Perth Amboy more straightforward than many other injury claims.
Strict liability removes the need to prove negligence, but it does not stop an owner or their insurance carrier from fighting the claim. Insurers routinely look for ways to shift blame back onto the injured person, since New Jersey allows a defendant to argue that the claimant’s own conduct contributed to the incident. When that argument succeeds, any compensation awarded can be reduced in proportion to the fault assigned to the injured party. Arguments raised in Perth Amboy dog bite liability disputes commonly include the following:
We anticipate these and other common arguments before they surface, which helps us build a strong foundation for the claim. Our attorneys review the circumstances of your case early so that any defense strategy the other side raises has already been considered and addressed.
Strict liability gives injured claimants a real advantage, but that advantage only holds up when the claim is prepared to withstand pushback from an owner or insurer looking for an exit.
At Voto & Cavalli Attorneys at Law, we know the laws regarding dog bite liability in Perth Amboy, and we understand how to build injury claims that withstand scrutiny. If you were bitten and are unsure who bears responsibility, contact our office to schedule a free consultation and find out how our personal injury team can help.
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