If you were attacked and injured by a dog while in a public park, you could have a personal injury claim against the dog owner. Even though you were in a public park your injuries from the attack would be covered by the dog owner’s homeowner’s or renter’s insurance. In a state like Pennsylvania, you will have to show the dog owner was negligent in order to recover unless the dog owner’s dog is considered a dangerous one. In a state like New Jersey the dog owner will be strictly liable for your injuries in most cases.
What Is Owner Negligence in Dog Bite Cases?
Negligence of a dog owner in a dog attack case means the dog is allowed to roam freely without supervision, or that the dog is not reasonably secured. An example of negligence of a dog owner in a public place like a park is a dog that is freely running at and attacking you because the dog owner was not paying attention to their dog.
If the dog was leashed but broke free of the dog owner, the case may depend on how closely the dog owner was paying attention to his or her dog before it broke free. For example was the dog owner talking to someone else and not gripping the leash tightly. Or was the dog owner doing his or her best to restrain their dog?
In a state like Pennsylvania, if the dog is considered a dangerous dog you will not have to prove negligence to recover for your injuries from the dog attack in a park. Here the dog owner will be strictly liable for your injuries.
What does a dangerous dog mean?
It means a dog that has a history of attacking others. So if the dog has bitten a person before it would be considered a dangerous dog. Even if the dog has not bitten someone before, if it caused serious harm to other domesticated animals before it will also be considered dangerous. A history of dog attacks can be shown through police reports of other attacks, or testimony from people who live in the dog owner’s neighborhood and are aware of past attacks by the dog in question.
A dog can also be considered a dangerous one if it has shown a propensity to attack others. For example, if there is evidence that a dog constantly chases after people, this can be evidence that it has a propensity to attack others.
Likewise, if the dog is always attempting to break free of their owner’s leash and lunges at people as they walk by, that can be evidence the dog has a propensity to attack others. If your dog attack in the park is a particularly violent one, this can also be evidence that the dog has a propensity to attack others and that the dog owner should be strictly liable for your injuries.
Dog Bite Laws in New Jersey Compared to Other States
In a state like New Jersey you do not have to show the dog has a history of attacking others for the dog owner to be strictly liable for your injuries from an attack in the park. Instead, the dog owner is always strictly liable for a dog attack. However, you will not be able to recover if you provoked the dog into attacking you.
Beyond proving liability, to have a dog attack claim you will have to show the dog attack caused you physical injuries. This can be done by pictures of your injuries and obtaining medical records of the treatment for your injuries. Your treating doctors may also provide reports about what injuries you suffered from the attack to your attorney.
If you have medical bills you cannot afford you can include those outstanding bills as part of your claim for damages. Depending on what state you live in, your health insurance may have a right to be paid back from your case for the medical bills it covered for your dog attack injuries.
In addition to physical injuries, if you missed work because of those injuries you can claim your lost wages as part of your damages. If you will not be able to work in the future, you can bring a claim for your future lost earning capacity. Your attorney will consult with an economic expert to determine what that future lost earning capacity is. If you suffered emotional trauma that requires psychiatric treatment form your dog attack those psychiatric damages can also be included in your claim.
The Thistle Law Firm is experienced at handling cases where someone was attacked by a dog in a public place like a park. If you were attacked and injured by a dog while in a public area like a park, the attorneys at the Thistle Law Firm are here to take your call and answer your questions at 215-568-6800.