It can be emotionally painful to see your beloved pet suffer from injuries. It is even more excruciating when someone else’s animal caused those injuries unnecessarily. If another dog attacks your pet, then you can file a dog bite injury claim against the other dog owner in New Jersey.
However, when it comes to dog bite injury compensation, the strict liability laws in New Jersey will apply, which only protects humans. State regulation classifies pets as property. Therefore, if another dog injures your dog, you can file a property damage claim to recover compensation for medical expenses and other associated costs. Let’s examine dog bite litigation closer to determine how to prove dog owner negligence, as well as what you must do to get the compensation you deserve.
How to Prove Negligence of the Dog Owner
To make a strong negligence claim for dog bite injury in a situation where another dog injured your dog, you must be able to prove:
- The attacking dog’s owner had a duty to exercise reasonable care to control their dog’s behavior.
- The owner breached that duty.
- As a result of this failure of duty, your dog suffered injuries.
If the attacking dog had a known history of troublesome or aggressive behavior, it will buttress your claim that the owner should have taken some reasonable measures to control the dog’s behavior.
Dangerous Dogs Laws in New Jersey
The state of New Jersey possesses a civil procedure for controlling dangerous dogs. The process usually begins when an animal control official deems an animal as a credible threat following an unprovoked attack on a human being or another animal.
In such a case, the officer will impound the dog and then notify the dog’s owner, as well as the court. The court will hold a hearing to determine whether the dog is dangerous, and they may order the owner to fulfill the following conditions:
- Obtain a special license
- Keep the dog on a secure leash with a muzzle or in a locked enclosure
- Place clear warning signs on their property
Failure to abide by this order could result in a file of up to $1,000 per day of violation.
Amount of Damages That You Can Recover
If your dog suffered injuries in an attack from another dog, you could potentially recover dog bite injury compensation. The compensation amount will usually be the greater of these two options:
- The amount of market value your dog lost due to injury if your dog is a valuable or rare breed
- The necessary and reasonable costs incurred for the medical treatment of your dog following the dog bite injuries
In exceptional situations, you may have a claim to recover damages for emotional distress caused intentionally by the other party, as well as punitive damages. This payment may be possible if you can show that the at-fault party was reckless in their behavior, or if the owner intended to inflict emotional harm on you through the attack.
Get the Compensation You Deserve Following a Dog Bite Attack
Has another person’s dog attacked you or your dog, leaving you with the cost of medical expenses and the emotional stress of caring for your beloved pet? If so, you need an experienced and professional dog bite attorney to fight for your rights and get you the compensation you deserve. The Law Offices of James C. DeZao, P.A., employs a robust staff of expert attorneys who will dedicate their time and knowledge to pursuing reimbursement in your favor. Remember, with us, it’s personal. We are here for you, 24/7, 365. Call us at 1-833-JIMHELPS or contact us online to schedule your free, confidential phone consultation.