Legal Question in Personal Injury in New Jersey

Dog Attack

I work for the cable company. I knocked on a customers door the and i heard the dog come to the door then the owner followed. I heard her say something to the dog and then she opened the door. As soon as the door opened the dog ran out and jumped on up and bit me on the arm and i swung my arm the throw him off. I had on a double sided sweatshirt and a long sleeve shiirt underthat. the sweatshirt was slightly ripped and my skin slightly broken no real blood but i know if it wasnt for the three layers i would have been seriously injuried. I reported it to my supervisor and he told me to meet him at a emergency care facility to take a drug test and get ccheck out by the doctor. The dog was a black lab its been 5 days and i still have a little soreness in the arm and when it comes to dogs i am a little nervous to be around them Which feels weird to me because i am a dog lover. Do I have a case?


Asked on 4/06/09, 11:41 am

3 Answers from Attorneys

Lawrence Berezin Shapiro & Berezin, P.C.

Re: Dog Attack

N.J.S.A. 4:19-16 provides that:

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 this section, 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.

The answer to your question is, yes, you have a case. The next question is, do your injuries warrant the time and expense of pursuing a case? My suggestion is to give yourself a couple of weeks to see how your injuries progress. If you are fine, then you may not wish to pursue a claim.

Since you suffered a job related injury, you will not have any out-of-pocket medical expenses.

Otherwise, if you develop a significant emotional reaction to dogs, which is disabling, then following up with an attorney would be in order.

I hope this response is helpful to you.

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Answered on 4/06/09, 12:20 pm
David Owens, Esq. Molod, Spitz & DeSantis

Re: Dog Attack

You have a case but fortunately the injuries do not appear to be serious enough to justify the potential cost and expense associated with retaining an attorney to pursue it- you may wish to file a case in small claims court and handle it yourself - the court personnel would be able to give you the necessary forms for starting the case - good luck.

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Answered on 4/06/09, 12:26 pm
Daniel Cevallos Cevallos & Wong, LLP

Re: Dog Attack

It definitely sounds as if you have a case against the dog owner, but probably not your employer. Give our offices a call to discuss your options. Also, make sure you make an appointment with your doctor asap.

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Answered on 4/06/09, 11:57 pm


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