New Jersey Injury Attorney Blog

According to the U.S. Centers for Disease Control (CDC), nearly 4.7 million people in the United States are bitten by dogs every year. Children are the most common victims of dog attacks. About 800,000 Americans receive medical treatment for dog bites each ear. Again, children are most likely to be severely injured. Half of those who seek treatment – 400,000 – are children. It is important to note that most dog bites affecting children occur during everyday activities. They occur while children interact with familiar dogs. There are several ways by which children can avoid getting into such situations. It is important that every parent makes his or her child aware of these 7 prevention tips and techniques.

1. Young children must be careful around animals, even if they are their own family's pets.


2. Children must be taught NEVER to approach, pet or provoke strange dogs.


3. Never run past a dog - it may get startled and attack.


4. Never disturb a dog that is sleeping, eating or caring for its young ones.


5. If a dog walks or runs towards you, stay calm. Do not scream or start running. On the contrary, stay still or back away slowly until the dog is out of sight.


6. If a dog knocks you to the ground, curl into a ball with your hands over your head, and, neck. Always protect your face.


7. Tip for adults: Never leave a child or infant alone with a dog – even for a short period of time.

If your child has been injured in a New Jersey dog bite incident, the NJ dog bite accident lawyers of Lependorf & Silverstein may be able to help you secure compensation and protect your child's legal rights. In New Jersey, the owner of a dangerous dog can be held financially responsible for the dog's actions, even if he or she is not aware of the animal's prior viciousness. Victims can seek compensation for all of the injuries and costs associated with medical and other treatment necessitated by the dog attack. This may include cosmetic surgery and psychological counseling for a traumatized child. Please contact our skilled attorneys at (609) 240-0040 to get more information about your New Jersey dog bite claim.

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Beyond the obvious needs a dog owner must attend to, dog owners are also responsible for their dog’s actions. When a dog is involved in a violent attack, the owner may be held accountable. Dog bite laws in some states take into account an animal’s past behavior and even breed. New Jersey, however, has a "strict liability statute." What this means is the owner will be held liable irrespective of the animal's past record. It doesn’t matter if the pet has a perfectly clean record. If the dog bites someone, the owner will be found liable for that attack. There are very few exceptions.

New Jersey Statues, section 4:19-16 covers the liability of the owner regardless of the prior viciousness of dog. In other words, all a plaintiff has to do is prove who owns the dog, that the dog bit the plaintiff and that the plaintiff was either in a public place or legally present on privately owned property.

Despite the strict liability statute, the dog owner may not always be held 100 percent responsible. For example, if the plaintiff is found 50 percent at fault for the attack because of negligence, he or she may only receive 50 percent of the compensation they seek. Having proper legal representation is imperative to the success of your New Jersey dog bite claim primarily because of the complexity of these laws.

Continue reading "New Jersey Dog Attack Liability" »

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Three people were recently hospitalized for bites to their legs after being attacked by a pair of pit bulls in a Hoboken, New Jersey apartment. According to a news12.com article, one of the individuals injured during the attack was the owner of the two pit bulls. At the time of the report’s release, the names of the injured victims who were taken to Jersey City Medical Center for their bite injuries were not released.

In working to advocate dog bite prevention, the Centers for Disease Control and Prevention (CDC) provides the public with helpful information regarding dog bites. For instance, the CDC suggests that no one should ever disturb a dog that is eating, sleeping, or caring for puppies. It is also important to only pet a dog after it has seen and sniffed you first; and even then, it may not be a good idea to pet the dog at all. Considering that approximately 4.5 million people are bitten by dogs every year and that almost one in five of those who are bitten require medical attention for their dog bite-related injuries, it is very important to know how to be safe around dogs as both an owner and a stranger.

Continue reading "Three Hospitalized after Pit Bull Attack in Hoboken" »

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A Jersey City woman was attacked and injured by an unleashed pit bull while jogging through Lincoln Park, according to this news report. The 50-year-old woman was apparently jogging when she saw a man walking two pit bulls. One was on a leash and the other one was not. The unleashed pit bull then lunged at the female jogger biting her legs and knocking her to the ground. When the woman tried to push the pit bulls away, the dog bit her hands nearly chewing off a finger, which had to be partially amputated later.

Police are still looking for the dog’s owner, who reportedly took his dogs and fled from the scene. According to the victim’s daughter, Mina Morgan, the dog owner did nothing to stop the dog or render aid to her mother. Another person, who found the bleeding, traumatized woman, called 911. The news report states that it will take the victim at least two or three months to recover from the muscle damage caused by the New Jersey dog bite. The victim is also having nightmares and has been emotionally traumatized by the dog attack, her family members say. The Hudson County Sheriff’s Office is investigating this incident.

We certainly hope that the dog owner in this case is held responsible for his negligent behavior. He should have definitely stayed at the scene, restrained his dogs, called 911 and rendered assistance. The dog owner should also be made to pay for the injuries and emotional trauma the victim has, and will continue to suffer. The injured victim would be well-advised to contact an experienced New Jersey personal injury lawyer to find out how to protect her legal rights and secure the compensation she deserves.

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As New Jersey attorneys who represent victims of dog bites and owners of dogs accused of biting, we feel it is incumbent upon us to comment on the case involving Congo, the Princeton Township German Shepherd that was recently euthanized by its owner and which garnered international attention last year when a Princeton Municipal Court judge ordered Congo to be euthanized, only to be reversed by a settlement with the local prosecutor after massive public outcry. At the outset, I want to emphasize that I am not directly involved in this case. I have not seen any documents or interviewed any witnesses, so my knowledge of the case is based entirely on facts and allegations reported by various news outlets.

Background:

This case involves a German Shepherd named Congo, who was the alpha male leader of a pack of several dogs owned by Princeton Township resident Guy James and his wife. Congo's pack of three other German Shepherds included Congo's mate and two offspring, each of which was euthanized this past week. Although I never personally observed the dogs' behavior, the media coverage seems to indicate that Congo ran the house. That is, Congo appears to have assumed the Alpha Dog role for the human family, as well as his dog family at least in Congo's mind. Anyone who is familiar with Cesar Millan's show, the Dog Whisperer, knows that nothing good happens when a dog, especially a powerful working breed, assumes a dominant position over its owners.

In June 2007, a team of landscapers entered the James' property, or rather, Congo's property. While the details of what happened are in sharp dispute, we know that the dogs attacked the landscapers and caused serious bite injuries to one of them. According to the injured landscapers, the attack was unprovoked. According to the Jameses, however, the landscapers entered the property against the owner's orders and actually pulled Mrs. James to the ground when the dogs approached, triggering the dogs' defensive and protective instincts. In other words, the Jameses argued that the landscapers provoked Congo to attack, although inadvertently. This argument is very important from a litigation standpoint because New Jersey dog bite law expressly states that dogs cannot be deemed vicious or potentially dangerous if the attack at issue was provoked. Unfortunately, however, the law as currently written does not specifically define what 'provoked' means. In any event, it appears undisputed that Congo was the leader of the pack and led the dogs' reaction to the landscapers - whether one wants to characterize that reaction as an 'attack' or 'act of self-defense.' After a hearing, a municipal court judge applied the law to the facts and determined that Congo was vicious. That finding, under existing New Jersey law, required Congo's destruction.

Ultimately, through litigation and public support, the Jameses were able to convince the Mercer County prosecutor to determine that Congo was not vicious under the law. Instead, the dog was deemed potentially dangerous, which meant that the Jameses could keep the dog, so long as they adhered to a rigid plan designed to protect the public from Congo and his pack, such as erecting a fence that the dogs could not jump over or dig under, muzzling the dogs during walks, and similar precautions. Certainly, this was a victory for the Jameses, Congo's pack, and supporters. The Jameses followed the plan and secured the dogs.

Continue reading "New Jersey Dog Attack Laws Questioned Following Congo The German Shepard's Euthanization" »

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The owner of a pit-bull that attacked and bit five people in Parsippany is asking the court to spare his dog saying that the dog attack outside a public library was provoked, the New Jersey Star Ledger reports. The owner also told the municipal judge he was sorry about the injuries his dog caused and that he would build a fence in the interest of public safety to keep the pit-bull within his property on Lake Hiawatha.

The dog owner, Ricardo Cotto, appeared in court to plead not guilty to three charges stemming from the April 2 new jersey pit-bull attacks. The victims supposedly suffered moderate bite injuries and were treated and released from the hospital. Cotto told the judge that the dog attack was not his pit-bull’s fault, but that of the passers by who provoked the animal.

But the victims tell a horrifyingly different story. One of the victims, 53-year-old Niculae Tudorache described the attack to the newspaper saying how he had tried to pull the dog off another victim only to have the pit-bull bite him on his leg before attacking his 13-year-old daughter.

Continue reading "Dog Owner Whose Pitbull Attacked 5 Says His Dog Was Provoked" »

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In an excellent example of the strict liability laws that govern New Jersey Dog Bite attacks, a South Jersey News Online story published January 25th details the specifics of a case in which a dog attack ended with one of the canines being cannibalized by a neighboring dog.

According to investigators, Austin Hickman, the caretaker of an Akita puppy, left for a trip to Florida on Saturday. His mother claims he left the Akita puppy outside with food and water at the time of his departure. Authorities believe the puppy died some time after Mr. Hickman’s departure and was then, in turn, cannibalized by the neighboring Chow-mix. A neighbor claimed to see one of the Chows eating away at the Akita puppy shortly after noon on Wednesday. A representative from the SPCA stated that they believe the puppy was already dead when it was eaten by the Chow mix.

According to Bev Greco, director of the Cumberland County SPCA, charges were filed against the owners of the five Chow-mix dogs for failure to provide proper sustenance, veterinary care, confinement, and shelter for the dogs. Three of the five dogs were found to be in poor physical condition, including the one dog that was confiscated by police following the incident. Additionally, the caretaker of the puppy, and the caretaker's mother, would also be charged with abandonment, and failure to provide safe containment and proper sanitary conditions.

Continue reading "Millville Dog Owners To Face Charges After Dog Attack" »

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