A New Jersey Dog Bite Lawyer Settles A Non-Bite Dog Attack Case – Confidential Six-Figure Settlement
New Jersey dog bite and attack lawyer, Daniel J. O’Brien, recently settled a dog attack case for his client. Most dog attack/bite cases involve the dog biting and/or attacking the victim. In cases where the dog tries to attack, but does not actually bite or come in contact with the victim, there are still legal remedies for the victim, such as our client who was injured in a non-bite dog attack in New Jersey.
Facts Of The Case
Our client is a long-time, avid runner. He was visiting relatives in Berlin, New Jersey and went out for a run while he was there. As he was running in a suburban New Jersey neighborhood, a 90 lb. dog charged at him and lunged at his face/head area with its teeth bared. Fortunately, our client was able to push the dog away before it could bite him. However, the dog caused our client to fall directly onto his knee, causing a comminuted fracture in his left knee cap. As a result, our client needed surgical repair of his knee.
The dog owner walking the 90 lb. dog was not paying attention to what he was doing or what was going on around him. He was texting on his cell phone. He never saw our client approach, and he was completely taken off guard when the dog ran and lunged at our client.
NJ Dog Attack Law
We sued the dog owner on behalf of our client. During the litigation process, we discovered that the dog had a long history of chasing and lunging at people who he saw running. This started when the dog was a puppy. The owner admitted that the dog would chase and lunge at anyone he saw running. The owner also acknowledged the fact that he never obtained training to break the dog from this potentially dangerous behavior.
Because our client was not actually bitten by the dog, we could not argue that the dog owner was strictly liable under NJ dog bite law. However, New Jersey law imposes strict liability/absolute liability in non-bite dog attacks if the victim's injuries are caused by a vicious, playful or mischievous propensity that the dog owner knew about. We were able to argue that the dog owner knew of the dog's propensity to jump and lunge at people.
Click here to see a detailed discussion NJ dog attack and injury law, NJ Dog Attack/Bite Cases: Strict Liability Vs. Absolute Liability In Non-Bite Injury Cases
Prior to trial, we were able to settle the case for a confidential six-figure settlement.
Daniel J. O'Brien, Esq. offers FREE consultations. Call 877.944.8396.