A dog attack can cause a serious injury even when the animal never bites the victim. A person may be knocked to the ground, chased into traffic, thrown from a bicycle, or injured while trying to protect a child. In New Jersey, the absence of a bite does not automatically prevent the injured person from pursuing compensation.
However, a non-bite claim is generally evaluated differently from a traditional dog-bite case.
New Jersey’s dog-bite statute generally imposes strict liability on a dog owner when the animal bites someone who is in a public place or lawfully on private property. The victim usually does not need to prove that the dog had previously shown aggression.
When no bite occurred, that statutory strict-liability rule may not apply. The victim may instead pursue a common-law claim based on the dog owner’s knowledge of the animal’s dangerous tendencies or the owner’s negligent failure to control the dog.
A dog does not have to be trained to attack or have a history of biting people to be considered dangerous. Prior conduct may show that the animal was likely to cause the type of injury involved in the claim.
Relevant behavior may include:
Evidence that the owner knew about similar behavior can support a claim based on the dog’s dangerous or mischievous propensities.
Even when there is no proof that the dog previously acted dangerously, the owner may still be liable for negligence. The injured person may need to show that the owner failed to use reasonable care under the circumstances.
Examples may include allowing the dog to roam without a leash, leaving a gate open, using a damaged fence, failing to secure the animal around visitors, or placing the dog under the control of someone unable to restrain it.
The central question is whether the owner’s conduct created an unreasonable and foreseeable risk of injury.
Non-bite dog incidents can produce substantial physical and emotional harm. Common injuries include fractures, head injuries, torn ligaments, back injuries, road rash, scarring, and psychological trauma.
For example, a cyclist may crash while trying to avoid a loose dog, or an elderly visitor may suffer a broken hip after being knocked down. The victim must connect the dog’s actions and the owner’s failure to control it to the resulting injury.
Because liability may depend on prior behavior and negligence, evidence should be collected promptly. Useful materials may include:
The incident should be reported, and medical treatment should be obtained as soon as possible.
Depending on the facts, responsibility may also extend to a dog walker, caretaker, landlord, property owner, or business. Liability may arise when another party controlled the dog, knew about a dangerous condition, or had the authority to reduce the risk but failed to act.
Each party’s knowledge and control must be evaluated separately.
A successful claim may include compensation for medical expenses, future treatment, lost wages, diminished earning capacity, pain and suffering, disability, scarring, and emotional distress.
A New Jersey dog attack lawyer can investigate the animal’s history, preserve video evidence, identify applicable insurance coverage, and determine whether the claim should be based on negligence, known dangerous propensities, or both. Prompt action can be especially important when the dog did not bite and liability depends on proving the owner’s prior knowledge or failure to use reasonable care.
