It is expected, and rightly so, that if your dog attacks or bites someone, you, as the owner, will be held liable. However, there may also be incidents where a third party may be held liable. For example, individuals who are not the owners but have control and are responsible for the dogs during the attacks or landlords who are aware that there are dangerous dogs kept on their property. Consequently, it is wise to consult an attorney who specializes in dog bite cases like David J. Cowhey, “The New Jersey Dog Bite Lawyer”, to help you determine who is or are liable for your dog bite injuries.
Normally the individual liable for a dog bite is the owner or caretaker of the animal. New Jersey applies a “strict liability” statute (NJSA 4:19-16) which means that the owner is liable for injuries caused by a dog bite. It does not matter if the dog owner used reasonable care to restrain the dog or to protect or warn others, he or she is still liable for any injuries caused by their dog. In other words, when a person is bitten by a dog in New Jersey, the dog bite victim does not need to prove malice or negligence. The dog owner is assumed liable for the attack and the resulting injuries. The owner will not be able to defend themselves by claiming that they did not behave negligently.
If a dog bite victim was not trespassing with criminal intent (e.g. delivering a package), provoking or abusing the dog or breaking the law at the time of the attack, then the dog owner has legal and financial liability for the dog’s behavior.
The statute NJSA 4:19-16 covers injuries caused by dog bites. If you have been injured by a dog in any other way, you have to claim that the owner was negligent. For example, if you are injured when a dog jumps on you and knocks you down causing you to break an arm or a leg, you need to prove that the dog owner failed to restrain or control the dog.
If the owner does not have the financial resources to pay for damages caused by his or her dog, it is possible to file a premises liability claim against a homeowner’s or renter’s insurance policy after a dog bite attack. “Canine-inflicted injuries,” as referred to by insurance companies, that take place on the dog owner’s property may be covered by the homeowners’ insurance policy. Please note that some homeowner’s policies do not cover dog-related incidents and if they do, they may not cover particular dog breeds such as pit bulls due to their aggressive nature. Additionally, a dog attack may also be covered by the dog owner’s renter’s insurance, motorhome owner’s insurance, condominium owner’s insurance, landlord’s insurance, and in some cases by vehicle insurance if the incident occurred inside the dog owner’s car. It is also important to keep in mind that in the state of New Jersey there is a two-year statute of limitations but an insurance policy may have a different time restriction regarding when a claim can be made.
Often courts will not consider someone who is temporarily taking care of a dog liable since they are not expected to have full control over it based on the “strict liability” statute (NJSA 4:19-16). However, under common law negligence someone who is not the owner of the dog but a “harborer” or “keeper” may be held liable for a dog bite if they are aware of the dog’s nature.
If you’re a New Jersey resident and you want to speak to our NJ dog attack attorney about your case, please call David Cowhey 24/7 at 609-513-0627 or contact us online for a free consultation. We have offices located throughout the state of New Jersey to serve you.
Talk to The New Jersey Dog Bite Lawyer, New Jersey's most experienced and successful dog bite attorney.
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Dave was awesome helping me through the nightmare world of insurance claims after my daughter was attacked by a neighbors dog. Dave is very friendly, always available and extremally knowledgeable and connected to this process. I highly recommend you call him about your case,
David Cowhey, Esq. did a great job for my daughter, who had been bit by a dog and left with a scar on her leg. He is an extremely competent and responsive attorney. The whole process was very easy and he negotiated a great settlement! We are very happy. Highly recommend his professional services!!
My experience with David Cowhey was amazing, he is a very knowledgeable and helpful lawyer. I got bit by a dog and it left a very noticeable scar on my leg and David was great to have on my side. He’s very easy to work with, would definitely recommend if you’re going through the same thing!
Dave is so professional. My daughter was 6 when she was attacked by a friend of the family dog. I contacted Dave’s office and spoke with his secretary. She was so friendly and asked questions that made me feel comfortable. I was amazed by how fast the service was and everything was easy to understand. Dave made sure my daughter was compensated for her injuries and along with pain & suffering. There couldn’t be a more perfect choice but that’s because God helped me choose this great lawyer! He did an excellent job!!! She is 7 now and We are now able to move on better because of the help of Dave. Pick this lawyer!! I PROMISE YOU WONT REGRET ANYTHING AT ALL‼️ Thank you Dave!
My entire experience with Dave and his team was 5 stars. They specialize in one thing, and this experience taught me why you want an attorney who specializes. Dave's knowledge, experience, and confidence is what made things go smoothly and quickly. Professional and quick responses always. If someone was bitten by a dog I recommend this guy, he will get you what you deserve.
My wife got bit by a dog last spring; she immediately received medical care and we made a police report- all within 2 hours. Shortly thereafter, we decided to choose Attorney David to represent her. He walked us through the process. It is much more comfortable knowing that his practice only involves dog bites. He knows his stuff! We have just received notice that a fair settlement has been reached. If you have been bitten by a dog, my wife and I would highly recommend David Cowhey for an attorney. Thank you to David and his professional staff!
My 8 year old son was bitten by a neighborhood dog, leaving permanent scars on his abdomen. I immediately contacted David Cowhey. He explained the process very clearly and made it very easy for us to come to a fair settlement for my son. He was a perfect advocate for us, and he is very compassionate for the victim. We are very pleased with the hard work David has done for our son.
Lawyer Dave Cowhey (& his office) helped my wife, son and me immensely over the past 15 months. He is tremendously professional, responsive and proactive, as well as being, a great attorney. Thanks to Dave, we are now able to put our 'incident' behind us. I highly recommend his services - he will work hard and long for you to get you the settlement you deserve.
My experience with Dave and his law firm was wonderful. While I was nervous to start the process of something that I knew nothing about, he was extremely helpful and explained everything clearly and concisely. He answered all of my questions - day or night, weekday or weekend, and made sure I was comfortable at each step. I would highly recommend Dave and his firm!
I absolutely loved my entire time of working with with Dave. He always kept my best interest in mind and made sure that I was taking care of. He was amazing at communicating all steps in the process with me, and never hesitated to answer any of my questions. Would highly recommend!
Dave was extremely responsive and guided me thru the process with compassion. His specialization in dog bites really helped facilitate the process. He knows all the insurance issues and, despite the backlog of cases due to Covid, was able to settle my claim for more than we anticipated as well as earlier. I would definitely recommend Dave as I felt comfortable that I was getting the best advice every step of the way!
Dave did extremely well by me and my family. He was nothing short of professional and assisted us through the entire process. I called him the day of the dog bite, and I followed his instructions to the "T". Him, and his staff, were knowledgeable on every step of the process. From medical advise, to advise on setting up our structured settlement for our child. If you need help right away, don't wait.... call him asap!!!
Dave was amazing, he handled my case with care , answered every question , email and helped me to understand the steps we needed to take. I had never dealt with a lawsuit before so of course I was nervous and thought I was going to get ripped off but nope. He was very professional and attentive. Hope I never need him again but should I ever need a lawyer for a dog bite i'm calling him first!
Dave Cowhey was amazing during our case which was very personal in the sense that involved family members. He was candid and professional and always gave us his honest opinion to all our questions and concerns. He's a family man and understands how upsetting the situations are at hand. I wish he was a lawyer for everything honestly, he was fantastic! Highly recommended Dave and his team.
My one year old dog and I were viciously attacked by a pit bull. I didn’t want to file a law suit initially until I realized the severity of the injuries both mentally and physically. Most lawyers are all about the money not for the justice and compassion of the victim. I am blessed to have found David. He was our hero who understood our situation was efficient knowledgeable and above all sincerely compassionate
Dave was hands on and always available. Steered me through the entire process and helped cover my medical costs and compensation for my scar and injury. Went over and Beyond and made me feel at ease and confident in a positive outcome. Would recommend to all.
Honest, fast, responsive and professional. Great experience working with Mr. Cowhey and I highly recommend to handle any dog bite case.
We contacted Dave when our 5 year old son was attacked by our neighbor's dog, resulting in deep wounds (and now scars) on his face and arm. Dave was extremely knowledgeable/helpful from the start, explaining how everything would work, and he was always available via phone/text if we had questions come up throughout the process. He always gave us all of the options/routes we could take and let us decide what was the best move for our family. He advocated for the best outcome for our son and always kept us in the loop. We were able to settle in a friendly hearing with the homeowner-insurance company, which was simple and straightforward, thanks to all of Dave's hard work behind-the-scenes. We definitely could not have navigated this process ourselves and we are very thankful for the help of Dave and his team!
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