Each state has its own laws concerning dog bites. Therefore, it helps to know your rights first in this respect if you are filing a lawsuit in New Jersey. Better yet, you should set up a legal consultation with an attorney who specializes in this type of law.
What the Plaintiff Must Prove in a Dog Bite Case
New Jersey is one of many states in the U.S. that holds a pet owner legally responsible for damages that his or her dog inflicts on another party. Even if the dog has never displayed any aggression of this type before, the dog owner is held liable. Therefore, in order to recover damages for a dog bite lawsuit in Cherry Hill, NJ, the plaintiff in the case must show that the named defendant did in fact own the dog, that he or she was bit by the dog, and that he or she was either legally on the owner’s property or in a public area.
Another Law Unique to New Jersey
New Jersey also has established that owners of known “dangerous” or vicious dogs should be held liable in a dog bite lawsuit if the party who was bit was a trespasser. The only exception to this mandate is if the trespasser was on the dog owner’s property to commit a crime.
However, that being said, in certain cases, individuals cannot make a dog bite lawsuit claim for a dog bite. For instance, if a dog-sitter is bit by a dog but knew that the dog is vicious, his or her claim will be denied with the reason being the assumption of risk.
Comparative Negligence
Things can get rather technical, especially if a plaintiff works in a caregiver capacity for a dog. For example, if a dog walker is bit by a dog because of complete inattentiveness, he or she cannot recover if his or her accountability is greater than the owner’s.
In order to better understand your own rights in this respect, contact a law firm such as Schatz & Steinberg, P.C. for an appointment about a dog bite case. Use a legal firm that is well-versed in dog bite law so you can receive the compensation that you deserve.
