Dog attacks can be frightening and traumatic events that leave victims with serious physical and emotional scars. From puncture wounds and infections to permanent disfigurement or psychological trauma, the consequences of a dog bite can last a lifetime. In New Jersey, the law provides strong protections for dog bite victims, allowing them to pursue compensation without having to prove that the dog owner was negligent. Understanding the types of compensation available can help victims recover both financially and emotionally after such an incident.
New Jersey’s Strict Liability Dog Bite Law
Unlike some states that require victims to prove that an owner knew or should have known about a dog’s aggressive tendencies, New Jersey follows a strict liability standard under N.J.S.A. 4:19-16. This means that a dog owner is liable if their dog bites a person, regardless of whether the animal has ever shown aggression before.
The law applies when:
- The victim was lawfully on public or private property.
- The injury resulted directly from a dog bite.
Because of this strict liability rule, dog bite victims in New Jersey generally have a straightforward path to compensation compared to other personal injury cases.
Medical Expenses
One of the primary forms of compensation is coverage for medical costs. These may include:
- Emergency room visits and hospitalization.
- Surgery to repair torn skin, muscles, or tendons.
- Rabies vaccinations and infection treatment.
- Reconstructive or cosmetic surgery for severe scarring.
- Follow-up visits, physical therapy, or medications.
Even relatively minor bites may require extensive treatment to prevent infection or long-term complications.
Lost Wages and Future Earning Capacity
Dog bite victims who are unable to work while recovering may also claim compensation for lost wages. In severe cases, where injuries lead to lasting disability or impair a person’s ability to return to their profession, victims may pursue damages for loss of future earning capacity. For example, a delivery driver who suffers nerve damage in the hand may be unable to continue working in the same role.
Pain and Suffering
Beyond financial losses, dog bite victims often experience significant physical pain and emotional trauma. Compensation for pain and suffering addresses the impact of the attack on a victim’s quality of life, including:
- Chronic pain from nerve damage.
- Psychological distress, such as anxiety or post-traumatic stress disorder (PTSD).
- Fear of dogs or difficulty enjoying outdoor activities.
- Embarrassment or loss of self-esteem due to visible scarring.
These non-economic damages recognize that the harm caused by a dog attack extends far beyond medical bills.
Property Damage
In some cases, dog attacks also result in damage to personal property. Victims may recover costs for torn clothing, broken glasses, or other items destroyed during the incident.
Wrongful Death Damages
Tragically, dog attacks can sometimes be fatal, particularly for children or elderly individuals. When this occurs, surviving family members may pursue a wrongful death claim. Compensation can cover funeral and burial expenses, loss of financial support, and the emotional loss of companionship.
Punitive Damages
Although rare, punitive damages may be awarded in cases where the dog owner acted with reckless disregard for others’ safety—for example, knowingly allowing a dangerous dog to roam freely. These damages are meant to punish the wrongdoer and deter similar conduct.
Conclusion
Dog bite victims in New Jersey are protected by strong laws that hold owners strictly liable for injuries. Compensation may include medical expenses, lost income, pain and suffering, property damage, and, in tragic cases, wrongful death damages. Because insurance companies often try to minimize payouts, working with an experienced New Jersey dog bite attorney is essential to ensure full and fair compensation.
If you or a loved one has been injured by a dog bite, do not delay. Seeking legal guidance can help protect your rights, hold negligent owners accountable, and secure the financial recovery needed to move forward.