If a dog owner fails to take reasonable steps to prevent their dog from causing harm, they may be held liable under New Jersey negligence laws for injuries caused by their actions or inactions. This includes failing to restrain a dangerous dog, ignoring local leash laws, or failing to warn others about a dog’s aggressive behavior.
We specialize in helping victims of dog attacks file claims against negligent dog owners. Let us help you seek the compensation you deserve for your injuries and hold the dog owner accountable for their irresponsibility.
What Constitutes Dog Owner Negligence?
Understanding Dog Owner Liability in Dog Bite Cases
In New Jersey, under New Jersey Statutes Section 4:19-16, dog owners are strictly liable for injuries caused by dog bites that occur in a public place or while the victim is lawfully on private property, regardless of the dog’s past behavior. In addition to strict liability, dog owners may also face negligence claims if they violate local laws or fail to take reasonable steps to prevent their dog from causing harm.
In addition to strict liability, owners may also face negligence claims if they fail to comply with local leash laws or other control requirements specific to Jersey City or New Jersey.
Common Examples of Negligence in Dog Bite Cases:
- Failure to Restrain the Dog: If the dog owner allowed their dog to roam freely without a leash or proper containment, this may be considered negligence, especially in areas with leash laws.
- Ignoring Aggressive Tendencies: If a dog owner was aware of their dog’s aggressive tendencies, including previous bites or threatening behavior, and did not take reasonable precautions such as using a muzzle, securing the dog, or warning others, they can be held liable for any resulting injuries. If the dog owner can prove that the victim’s actions provoked the dog into biting, this may limit or eliminate liability under New Jersey law.
- Violating Local Leash Laws: Jersey City generally requires dogs to be leashed in public spaces, except in designated off-leash areas. Specific leash length restrictions may also apply. Allowing a dog to roam off-leash in restricted areas or ignoring leash laws can support a claim of negligence alongside New Jersey’s strict liability laws.
- Failure to Warn: If the dog owner did not warn visitors or others about the dog’s dangerous tendencies—such as failing to post signs or provide verbal warnings—this may also constitute negligence.
- Failure to Secure the Property: If the dog owner failed to secure fencing or gates, allowing the dog to escape and attack someone, they may be held liable for the resulting injuries.
Negligence in dog bite cases can lead to severe injuries, and holding the owner accountable is essential for recovering compensation and preventing future attacks.in severe injuries, and holding the owner accountable is essential for recovering compensation and preventing future attacks.
How to Prove Dog Owner Negligence
Establishing the Dog Owner’s Responsibility for the Attack
To successfully file a dog owner negligence claim, you must demonstrate that the owner’s failure to act responsibly caused the dog bite. The key elements involved include:
- Duty of Care: In Jersey City, dog owners are required to take reasonable steps to prevent their dogs from causing harm, including properly securing the dog on their property and complying with leash laws. To prove causation in a negligence claim, it must be shown that the owner’s failure to meet this duty directly resulted in the injuries.
- Breach of Duty: If the dog owner failed to fulfill their duty by not properly controlling or restraining the dog, they have breached their duty of care.
- Causation: You must show that the dog owner’s negligence directly led to the dog bite and the resulting injuries. For example, if the dog escaped due to a faulty gate and bit someone, the owner’s failure to secure the gate can be linked to the attack.
- Damages: You must prove that the dog bite resulted in actual damages, such as medical bills, lost wages, or pain and suffering.
Our legal team will thoroughly investigate your case, gathering evidence such as witness statements, medical records, and local law violations to build a strong claim of negligence against the dog owner.
Common Examples of Dog Owner Negligence
Real-World Scenarios Where Owners Fail to Prevent Dog Attacks
Dog owner negligence can occur in many ways. Some common examples include:
- Unleashed Dogs in Public: The owner permits their dog to roam freely in a public park, leading to an incident where the dog bites someone.
- Failure to Secure the Dog on Private Property: A dog owner leaves a gate open or has a broken fence, allowing their dog to escape and attack a passerby.
- Dog Off-Leash in a Leash-Law Area: The owner disregards local leash laws and lets their dog roam freely in a park, leading to an attack.
- Failure to Warn Guests: A dog owner invites someone onto their property without warning them of the dog’s aggressive behavior, resulting in the guest being bitten.
- Allowing a Dangerous Dog to Roam Free: An owner with a known aggressive dog lets the animal out in public without proper control, resulting in an attack.
Each of these scenarios involves a failure on the part of the dog owner to take reasonable precautions to protect others, leading to preventable injuries.e scenarios involves a failure on the part of the dog owner to take reasonable precautions to protect others, leading to preventable injuries.
How We Can Help You File a Dog Owner Negligence Claim
Our Legal Team Will Help You Seek Justice and Compensation
We have extensive experience holding negligent dog owners accountable for the harm they cause. Our team is dedicated to ensuring you receive fair compensation for your injuries and that the negligent dog owner is held responsible. Here’s how we help:
- Investigate the Incident: We will conduct a thorough investigation, gathering evidence such as police reports, witness statements, and any documentation of previous incidents involving the dog.
- Determine Negligence: Our team will analyze the facts of the case to establish how the dog owner’s actions (or lack of action) constituted negligence.
- Negotiate with Insurance Companies: We manage all negotiations with the dog owner’s insurance provider to secure a settlement that compensates for your medical bills, lost wages, and pain and suffering.
- Litigate if Necessary: If the insurance company does not offer a fair settlement, we are prepared to take your case to court to ensure that justice is served.
Our goal is to make the legal process as smooth as possible while fighting for the compensation you deserve..
Signs You May Have a Dog Owner Negligence Claim
How to Know if You’re Eligible to File a Negligence Claim
- The Dog Was Not Properly Restrained: If the dog was not properly restrained—such as being unleashed in an area where leash laws apply, escaping through a broken fence, or not being adequately controlled on private property—the owner may be held liable for negligence. Evidence of such failures strengthens the case for holding the owner responsible.
- The Dog Had a History of Aggression: If the dog had previously bitten someone or shown aggressive behavior, and the owner failed to take action, you may be able to hold the owner responsible.
- Local Laws Were Violated: If the dog owner violated local leash laws or other regulations, this could strengthen your negligence claim.
- You Were Lawfully on the Property: If you were a guest, visitor, or worker on the dog owner’s property and were bitten without being warned about the dog’s behavior, the owner could be liable.
If these factors apply to your situation, it’s important to consult with an attorney as soon as possible to discuss your legal options.
Frequently Asked Questions
FAQs About Dog Owner Negligence Claims
What if the dog had never bitten anyone before?
Even if the dog has no history of biting, the owner can still be held liable under New Jersey’s negligence-based laws if they failed to control the dog, such as by violating leash laws or allowing it to roam freely.
How long do I have to file a negligence claim?
In New Jersey, the statute of limitations for filing a dog bite negligence claim is two years from the date of the incident. If the injured party is a minor, the statute may be extended until two years after they reach 18. Consulting an attorney promptly is essential to meet these deadlines.
Can I still file a claim if the owner says the bite was my fault?
Under New Jersey’s comparative fault rules, victims may still pursue a negligence claim even if they were partially responsible for the incident. However, compensation may be reduced according to their level of fault.