As more and more people fancy for dogs, dog bite injury cases are increasing everyday. Dog bite can happen at any time. It may be while strolling through one’s neighborhood or park. However common this injury, people are reluctant to make their claim against the owner of the dog. Mostly, on the opposite side it would be one’s neighbor or a friend thus it is a delicate situation. Thus, fear of losing the relation with the dog’s owner, victim bears the huge medical bills and other expenses in consequence of the dog bite. An important factor goes ignored in New Jersey is that the dog owners are often covered by insurance which includes dog bite claim. New Jersey has enacted special statute and rules to protect such dog bite victims.
Statutory Provisions
According to N. J. Stat. Ann. § 4:19-16, a dog owner is strictly liable to pay damages to the victim. The law restricts the owner from denying the liability on any grounds. Therefore, these days the insurance companies have become choosy in offering coverage for dog bites. In New Jersey, insurance coverage for dog bites is made available only to those people who were lawfully present in the dog owner’s property. It includes invited guests, post carriers etc. Studies have shown that about one-third of a homeowner’s insurance claims are dog bite claims.
The New Jersey dog bite statute being a strict liability statute, the victim need not prove any thing to make a claim. The claimant needs only to show that the defendant’s dog bit him. The policy in enacting such statute was that every dog’s owner should be responsible for the damages it causes to another. The statute does not consider the factors such as whether the owner was careful or not. Thus, despite sufficient care taken by a dog’s owner, the owner is liable for the dog bite.
What To do?
The most important step towards making a dog bite claim is to see the doctor as soon as one is bitten. Apart from treating the wound, this helps to make a record of the biting. Sometimes considering the bite to be a small one, many people ignore going to a doctor. Another reason for ignoring medical assistance is the familiarity with the dog. Later, unforeseen difficulties such as dog bite infection etc. arise and at that time the victim will not be able to make the claim against the dog’s owner.
Insurance Coverage
A victim may be hesitant to sue the dog’s owner, when he/she is a neighbor or a friend. It is important to note that New Jersey insurance companies have schemes to cover dog bite claims. And the insurance goes to meet the following expenses incurred by the victim: medical expenses, loss of pay due to absence from work in consequence of dog bite, property damages, plastic surgery costs in case of deformity, and for pain and suffering.
What is to be Proved?
Following are the main factors to be proved by the claimant in a dog bite claim: The claimant was attacked or bitten by a dog, The defendant is the owner of the dog, the victim did not unnecessarily provoke the dog, the victim was moving peacefully in the place where he/she had right to be.
Conclusion
In New Jersey people should think twice before owning a dog, as the law is very much in favor of the dog bite victims.
