Did a dog bite your child in NJ? Discover New Jersey’s dog bite laws, how to file a lawsuit, and secure compensation with this 2025 parent guide. Free consultation.
Why Are Children at Risk for Dog Bites?
Children are more likely to be bitten due to their proximity to dogs and lack of awareness of canine behavior. Bites can cause serious harm, from minor scratches to deep wounds needing surgery. Common triggers include:
- Unintentional Provocation: Pulling a dog’s tail or ears during play.
- Sudden Movements: Startling a dog, prompting a defensive bite.
- Lack of Supervision: Kids interacting with dogs without adults nearby.
- Unfamiliar Dogs: Strays or neighbor’s pets acting unpredictably.
New Jersey’s Dog Bite Laws: Strict Liability for Owners
New Jersey’s dog bite statute (N.J.S.A. 4:19-16) imposes strict liability, meaning owners are responsible for bite damages, even if the dog was never aggressive before. Key aspects include:
- Applies to Bites Only: Covers bite injuries, not scratches or knock-downs (which require proving negligence).
- Location Matters: The child must be on public property (e.g., a sidewalk) or lawfully on private property (e.g., invited to a home).
- Comparative Fault: New Jersey’s modified comparative fault rule reduces damages if the child was partly at fault (e.g., teasing the dog) but bars recovery only if the child was over 50% responsible.
For instance, if your child was bitten while playing in a public park, the owner’s homeowner’s insurance typically covers damages, regardless of prior dog behavior.
Immediate Steps After a Dog Bites Your Child
Act swiftly to ensure your child’s safety and build a strong case:
- Secure the Dog: Move it to a kennel, separate room, or vehicle with proper ventilation to prevent further attacks.
- Treat Injuries:
- Clean minor bites or scratches with soap and water to avoid infection.
- For severe injuries (e.g., deep wounds, heavy bleeding), call 911 or visit an emergency room.
- Document Everything:
- Photograph injuries, the scene, and the dog.
- Note the incident’s details (e.g., dog’s behavior, location, provocation).
- Collect witness names and statements.
- Identify the Owner: Get their name, address, and insurance information.
- Report to Animal Control: Contact local authorities to report the bite and check the dog’s rabies status.
Quick action protects your child and strengthens a dog bite child NJ lawsuit.
Medical Risks of Dog Bites
Dog bites pose serious health risks, including:
- Infections: 20% of bites become infected, per the CDC, often requiring antibiotics.
- Rabies: Rare but deadly; confirm the dog’s vaccination or seek post-exposure treatment.
- Scarring/Disfigurement: Facial or visible bites may need plastic surgery.
- Emotional Trauma: Fear of dogs or PTSD may require therapy.
Filing a Dog Bite Lawsuit in New Jersey
To pursue a dog bite child NJ lawsuit, follow these steps:
- Collect Evidence: Gather medical records, photos, witness statements, and animal control reports.
- File an Insurance Claim: Submit evidence to the dog owner’s homeowner’s or renter’s insurance.
- Consult a Lawyer: If the insurer denies or lowballs the claim, a lawyer can negotiate or file a lawsuit.
- Meet Deadlines: NJ’s statute of limitations is two years from the incident (N.J.S.A. 2A:14-2), but for children under 18, it extends to their 20th birthday.
Most claims settle out of court, but legal expertise ensures fair compensation.
Compensation for Dog Bite Injuries
A dog bite child NJ lawsuit can recover:
- Economic Damages:
- Medical bills (e.g., surgery, antibiotics, therapy).
- Future medical costs for ongoing care or reconstruction.
- Parents lost wages from caregiving.
- Non-Economic Damages:
- Pain and suffering from physical injuries.
- Emotional distress or PTSD.
- Scarring or disfigurement impacting quality of life.
- Punitive Damages: Rare, but possible for reckless owner actions (capped at $350,000 or five times compensatory damages in NJ).
Factors Influencing Compensation
Settlement amounts depend on:
- Injury Severity: Deep wounds or permanent scars increase awards.
- Medical Costs: Extensive treatments (e.g., multiple surgeries) boost payouts.
- Emotional Impact: Documented PTSD or fear raises non-economic damages.
- Child’s Role: Provocation may reduce awards under comparative fault.
- Insurance Limits: Homeowner’s policies often cap at $100,000–$300,000.
A lawyer counters insurer tactics to maximize recovery.
Protecting Your Child Post-Bite
Prevent future incidents and aid recovery with these steps:
- Supervise Closely: Monitor all dog interactions, even with familiar pets.
- Teach Safety: Instruct kids to ask permission before petting, avoid sudden moves, and respect dogs’ boundaries.
- Seek Counseling: Address trauma with a licensed therapist.
- Follow Medical Advice: Prevent infections or complications with proper care.
- Report Stray Dogs: Notify animal control about loose or aggressive dogs.
Why Hire a New Jersey Dog Bite Lawyer?
A lawyer is essential for a dog bite child NJ lawsuit because they:
- Gather critical evidence, including medical records and expert testimony.
- Negotiate with insurers to avoid undervalued settlements.
- File claims within deadlines, leveraging NJ’s extended limits for minors.
- Prove strict liability or counter defenses like provocation.
Our firm Varcadipane & Pinnisi, PC, in New Jersey and New York, work on contingency, meaning no fees unless you win. Our expertise ensures your child’s rights are protected.
How Long Does a Dog Bite Lawsuit Take?
Most dog bite child NJ lawsuits settle within 6–18 months, depending on injury severity and insurer cooperation. Trials may extend to 2–3 years for complex cases. A lawyer accelerates fair resolutions while accounting for all damages.
Secure Justice for Your Child
A dog bite can leave your child with physical and emotional scars, but New Jersey’s strict liability laws provide a clear path to compensation. Act fast to secure the dog, treat injuries, document evidence, and report to animal control. For serious harm, a dog bite lawsuit can cover medical costs, pain, and trauma. Varcadipane & Pinnisi, PC, offers expert support in New Jersey and New York on a contingency basis.
Visit www.vplaw.com for a free consultation to protect their future.
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