Dog Bite Lawyers know what dog bite victims need to prove in order to receive compensation. In short, if a dog bit you in New Jersey, the following is what you need to prove to have a valid legal case against the dog owner:
1. The person that you are suing actually owns the dog in question.
2. The dog in question bit you. (It is important that the attack actually involved a bite, not just a scratch. While you can sue for a clawing injury, it may be more difficult. See below.)
3. You were not a trespasser.
Dog bite lawyers also know that are a few exceptions to the above rules. This is true for many legal principles. For example, if the dog owner can prove that the victim provoked the dog to bite, the victim will likely not be able to win.
If the dog attack did not involve an actual bite, or if the person responsible for the bite was not the dog owner, then the victim must generally prove that the animal exhibited viciousness on a prior occasion. (For example, a victim may sue a landlord who knew that the dog was vicious but allowed it on the premises anyway.) The same goes if the animal was not a dog, even if there was a bite.
Dog Bite Lawyers and the “One Bite” Rule
Other states, like New York, have a “one bite allowed” rule even in the case of an actual dog bite. In those states, unlike in New Jersey, even the victim of an actual dog bite generally must prove, in order to be compensated, that the dog was vicious on a previous occasion.
Some states that have the one bite rule, including New York, do allow a victim to recover limited damages, such as medical expenses, even absent proof of prior viciousness.
Note that, in those cases in which you must prove prior viciousness by the dog, you generally are not required to prove that the dog actually bit someone, under New Jersey law. Viciousness can take different forms.
If you are searching for dog bite lawyers, feel free to contact me at any time.