Kenneth Vercammen (732) 572-0500

2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He was awarded the NJ State Bar Municipal Court Practitioner of the Year. He lectures for the Bar and handles litigation matters. He is Past Chair of the ABA Tort & Insurance Committee, GP on Personal Injury and lectured at the ABA Annual Meeting attended by 10,000 attorneys and professionals.

New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

Monday, July 21, 2008

Liability for Animal Attacks

Each year aggressive animals bite over 500,000 people, killing an average of twelve. The majority of dog bite victims are children. Most dogs do not exhibit aggressive tendencies; nevertheless, sufficient provocation may tempt even the gentlest dog to bite.
Our office helps people injured due to the negligence of others by failing to control their animals . We provide representation throughout New Jersey. The insurance companies will not help Don't give up! Our Law Office can provide experienced attorney representation if you are injured If a dog or animal bites you it is important to clean your wounds. Additionally, you should seek medical attention and advice regarding rabies treatment. If you are not familiar with the dog or its owner, contact your local animal control board and report the incident. Animal control officers may be able to locate the dog and determine its rabies vaccination status. See your doctor if you have been injured by a dog or other animal. In addition, it may be important to contact us to help you protect your legal rights. Please keep in mind that there are time limits within which you must commence suit. If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides: "The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. "For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof." Thus, in New Jersey, a dog does not get two bites. A person can even be liable if your dog or other pet or animal injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.

For the purpose of this state law, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he/she is on such property upon the invitation, express or implied, of the owner thereof. In deciding whether the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, you should note that anyone whose presence is expressly or impliedly permitted on the property is entitled to the protection of the statute. The permission extends to all areas where the plaintiff may reasonably believe to be included within its scope. DeRobertis v. Randazzo, 94 N.J. 144 (1983). In a case such as this where the defendant has raised the negligence of the plaintiff as a defense, the defendant has the burden of proof. This means that the defendant has the burden to prove plaintiff's "unreasonable and voluntary exposure to a known risk." This means that the plaintiff "knew" the dog had a propensity to bite either because of the dog's known viciousness or because of the plaintiff's deliberate acts intended to incite the animal. For example, one who beats or torments a dog has no call upon the owner if in self-defense the dog bites back. Budai v. Teague, 212 N.J. Super. 522 (Law Div. 1986); see also Dranow v. Kolmar, 92 N.J.L. 114, 116-17 (1918). In conclusion, a New Jersey dog does not get two bites.

The law imposes upon the landlord or owner of any commercial or business property the duty to use reasonable care to see to it that the sidewalks and common areas are reasonably safe for residents and members of the public who are using them. In other words, the law says that the landlord or owner of a commercial property must exercise reasonable care to see to it that the condition of hallways and sidewalks are reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the landlord or owner of a commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it. Pedestrians have a right to be protected from animal attacks.

WHAT TO DO IF ATTACKED BY AN ANIMAL- AT THE ACCIDENT SCENE

Compiled by Kenneth Vercammen, Esq. from various sources

1. Protect yourself from further attack, but try to stay at or near the scene CALL THE POLICE, tell them where the accident occurred and (ask for medical help if needed). 2. Get names, address of the animal owner 3. Get names, address of the property owner

4. Get names and addresses of all witnesses Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible.

5. While waiting for police, write down- Accident Information Date __ Time __ Location __

6. Summary of accident __

7. Diagram of accident

8. Call an ambulance. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. You'll want it on record that you sought treatment right away, not in a week or so .

9. Obtain name of Police Officers, Department and Badge Number

10. - Be cooperative with the police.

11. Call a personal injury attorney, not a real estate attorney

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