No matter the breed, age, size or temperament, any dog can bite. That includes a dog in a house you visit, be it a friend’s or family member’s.
Regardless of whether the dog has the tendency to bite, every pet owner is responsible for preventing the dog from hurting others. If the bite happens while you are visiting their property, it could fall under both premises and personal liability. Here’s what you need to know.
When is an owner responsible for a dog bite?
New Jersey follows a strict liability rule for dog bites, which holds dog owners responsible for injuries their dog causes, regardless of the dog’s previous behavior or their efforts to prevent their dog from biting.
So, if you are injured by someone else’s dog, you do not have to prove that the owner was negligent in controlling the dog. Generally, you would only have to show that the bite occurred and that you did not provoke the animal into attacking.
How do you recover damages if the bite occurred on someone’s property?
Both premises liability and personal liability may apply if the bite happens on the owner’s property. Property owners owe visitors a standard of care, which includes controlling their pets. If they fail to do so, they may be liable for damages related to the bite, such as medical bills and lost wages.
In many cases, homeowners insurance covers dog bites under the policy owner’s personal liability and medical coverages. This includes bites that occur on or off the property, but it may exclude certain breeds.
Some dog owners have canine liability or animal insurance that may provide additional coverage for pet-related injuries. You can file a claim with any applicable insurance provider to recover compensation.
However, complications may arise if the dog owner:
- Has no insurance
- Has an excluded breed
- Has very low policy limits that won’t cover the extent of your injuries
- Tries to accuse you of provoking the dog
In such cases, it is important to have an attorney guiding you through the process. A dog bite lawyer can help document the incident, speak to all parties involved and determine the best way for you to recover the compensation you deserve.