The Issue of “Provocation”

New Jersey’s dog bite laws are quite clear and they’re quite protective of dog attack victims. Under the concept of strict liability, dog owners are held responsible for a dog bite attack regardless of the dog’s history or any precautions the owner might have taken.

There are limited exceptions to this rule. One of them is the concept of provocation. If it can be shown that you provoked the dog into biting you, compensation could be sharply reduced or even eliminated.

As such, it’s a popular defense by insurance companies that want to avoid paying compensation for your injuries. Our dog attack attorney is quite familiar with these claims and knows how to rebut them.

If you live in the state of New Jersey and you’re in need of a dog attack lawyer, please call David J. Cowhey at 866-259-4377 or reach out to us through our online form.

Why It Matters

Every dog attack case is unique, and the circumstances surrounding an attack need to be examined in their full, original context before making any informed legal judgments. As such, it’s impossible to say that if provocation was involved in your attack than compensation will be reduced by X percent or completely eliminated.

What makes the question of provocation so difficult to untangle is that there’s no one, ironclad definition of “provocation.” Most people can agree that flagrant physical abuse qualifies. But what about “teasing” a dog verbally? What about a child accidentally stepping on a dog’s tail? Are those “provocative” actions?

Insurance companies will surely say so, and however ridiculous the claim may seem on its face, it’s important to understand that all legal arguments need to be taken seriously and addressed with experience and skill.

Experience and skill are two traits Mr. Cowhey possesses in abundance. He has helped countless clients like you- innocent people suffering from serious injuries as a result of a dog attack.

He has also handled many cases in which the dog owner or the owner’s insurance company have made provocation arguments. Our dog attack and injury attorney understands the law and how it applies to specific cases.

He also understands how provocation arguments work, which means he understands how to respond to them. Mr. Cowhey will not let these arguments go unanswered. He will defend your rights and your actions, and he will not stop in his pursuit of the compensation you deserve.

If you’re a New Jersey resident and you want to speak to our NJ dog attack attorney about your case, please call David J. Cowhey at 866-259-4377 or reach out to us through our online form and schedule your free consultation.