Public Transportation And The Law:
New Jersey’s Dog-Bite Statute:
Car Accident Compensation:
Knowledge, experience, and dedication have brought the lawyers of The Epstein Law Firm to the forefront of their profession. From personal injury to civil litigation, they have built a strong record of success in achieving justice for their clients.
Our practice is diverse and well-established. Recognizing that every case is unique, we always begin by listening to you.
The Epstein Law Firm, P.A. has been successfully representing clients throughout New Jersey since 1973
A dog attack or bite can be terrifying, especially for a young child. Our Irvington dog bite lawyers will fight for the compensation you need if you or your child has been seriously injured by a dog bite.
Many people who suffer injuries at the hands of a dog are reluctant to file a personal injury case for fear of retaliation from the dog’s owner, who may be a friend or relative. However, in most cases, liability is covered by the dog owner’s homeowner’s insurance.
Children are disproportionately affected by dog attacks, therefore it’s important to make sure they know how to recognize and avoid potentially dangerous situations. Teach your kids that dogs behind fences and gates should not be teased, chased, or hit with objects. Encourage your kids to roll into a ball, stay as still as possible, and look for an adult to help them as soon as it is safe to do so in the event of an assault. This will protect their face and neck from harm. The Epstein Law Firm, P.A. offers free consultations to anybody who has been injured by a dog bite or animal assault.
Contact our dedicated team of Irvington personal injury lawyers today if you or a loved one has been gravely harmed by a dog’s bite or attack in Irvington. We offer free consultations. You can reach one of our Irvington dog bite lawyers directly anytime, day or night; all you have to do is call our office. Rather than making you travel to us, we will come to you if you are unable to.
The victim of a dog attack may be entitled to financial compensation from the homeowner’s insurance policy for expenses such as:
Having considerable trial and negotiation expertise, our dog bite injury attorneys in Irvington, NJ will fight for the most compensation possible for your dog bite injuries. Our Irvington dog bite lawyers won a $300,000 settlement in a dog bite lawsuit in Union County recently.
Dog bite injury attorneys in Irvington, NJ are not required to prove that their client’s dog had a history of violence or was dangerous. Assuming the dog was not provoked, the dog’s owner bears all responsibility for any damages caused.
The majority of U.S. states, including New Jersey, hold an owner responsible for all damages caused by their dog to a dog bite victim, even if the dog has never shown any inclination to bite humans before the incident. The relevant provision of New Jersey law is found at 4:19-16 and reads as follows:
No matter the history of the dog or the owner’s knowledge of its vicious tendencies, if a dog bites someone while they’re in a public area or lawfully on private property, the dog’s owner is responsible for any damages the victim sustains.
Anyone on the owner’s private property who is complying with the requirements of state law or federal postal regulations is not in violation of the law under this subsection, nor is anyone on the owner’s private property who is not responding to an invitation, express or implicit, from the owner. To rephrase, a person is within their rights to remain on private property as long as they are there to fulfill a legal obligation.
The victim need simply show that the dog was owned by the defendant, that the dog bit the victim, and that the victim was in a public place or lawfully on the property of the owner to recover under New Jersey Statute 4:19-16. If the victim was trespassing without criminal intent, if the victim’s harm was not the result of a bite, or if the defendant in question was not the dog’s owner, then the act does not apply. Common law strict liability for scienter, carelessness, and negligence per se may also serve as the basis for a cause of action. Court case reference: De Robertis v. Randazzo, 94 N.J. 144 (1983). View Legal Rights of Dog Bite Victims in the USA for further information on these potential courses of action.
Two common scenarios exist in which a defendant may look responsible for a dog bite claim without really having to compensate the victim for any of their damages. In the first case, the victim was unlawfully present. A trespass defense is allowed under the dog bite legislation, but only if the trespasser acted criminally. Citing De Robertis, above.
The second category includes accidents in which many parties are held liable for damages. Either the dog walker was irresponsible in their duties and caused the dog’s injury, or the victim was negligent in his or her own actions and caused the dog’s injury. The dog owner’s liability in this situation is “almost strict,” rather than “strict,” indicating that the plaintiff cannot heal if his obligation for the accident is significantly larger than the obligation of whoever else might be made liable, and that the plaintiff can recover just the quantity that relates to each defendant’s fault from each defendant. For instance, if the victim is found to be partially at blame for the accident because he was not paying attention, the jury may award him compensation for just half of his losses. Damages may be split in half between the dog’s owner and the dog walker if the jury finds that neither party was at fault. This is the result of the Comparative Negligence Act, found in New Jersey Statute 2A:15-5.1.
However, comparative negligence cannot be applied to every individual. 30 N.J. 345 (Bush v. New Jersey & New York Transit Co.) (1959). The victim is believed to be blameless if they are younger than seven years old. Under the age of four, the assumption is nearly incontestable. Ibid.
While a defendant who is less than 60% at blame for an accident may be held liable for all economic costs, he or she may be held liable for only the proportion of noneconomic losses (such as pain and suffering) that is attributable to their degree of culpability. If the dog walker in the above example did not have insurance but the dog’s owner did, the victim could only collect $30,000 from the dog owner. Check out the Analogy
The first and foremost rule in avoiding a dog attack is to stay away from unknown dogs. Do not approach dogs that are leashed, chained, gated, or in a car; if you do, they may get aggressive. Never pet a dog without first giving them a chance to view and become used to your scent. It’s best not to turn away from a dog, even if it seems aggressive. The pursuit and capture of canine “prey” is an instinctual behavior. Anytime a dog is occupied (eating, sleeping, playing, or caring for puppies), you should leave them alone. It’s important to remember that a dog that doesn’t recognize you may consider you a threat if you unexpectedly enter its territory. In the event of a dog bite or attack, it is important to act quickly to lessen the severity of the injury. Wash the wound with soap and warm water as quickly as possible, and then contact your usual doctor for more advice on how to treat the wound. Visit the nearest emergency room if your injuries are severe. After receiving medical attention, you should inform the authorities or animal control about the attack.
Get in touch with The Epstein Law Firm, P.A. today if you or a loved one in Livingston has been injured by a dog and want to learn more about your legal rights and options and how our Irvington dog bite lawyers can help you get the money you need and deserve after a dog attack.
New Jersey’s Essex County is home to the township of Irvington. According to data gathered during the next census in 2020, the total population was 61,176. The Lenni Lenape Awkinges, Awky, or Hackensacks were the first people to settle in the Elizabeth River valley. Although there is no record of an Indian settlement in the Irvington area, it is likely that the Hackensack camped in the area due to the abundance of wildlife and fish. In pursuit of a safe harbor, a fleet of small boats from Connecticut went up the Passaic River in 1666. Within a decade of arriving, the early immigrants in Newark had built roads, a church, and a settlement on the riverbanks. The succeeding generation began to consider expanding westward. The area now known as Irvington was initially explored not long after Newark was established; the Indian path that became Clinton Avenue led directly to the Elizabeth River and the valley’s broad meadows. Neither the name of the first European settler in Irvington nor the year that he and his family made a clearing in the woods and built the first crude cabin have survived to the present day. Irvington, so the legend goes, was established in 1692.
The Epstein Law Firm, P.A. has office locations nearby at:
Contact our Rochelle Park office today at (201) 231-7847 or our Englewood Cliffs office at 201-734-3763 for a free consultation.
Dog owner culpability determination is just the beginning. Even if the owner is strictly liable, that doesn’t mean you’ll get a good settlement. Insurance firms will try to limit both their legal responsibility and the amount of compensation you receive. Legal representation can help you get the compensation you need after a dog attack.
Victims of dog attacks frequently express this concern. However, in actuality, the compensation award will be paid by your friend’s insurance company. Even if the dog owner doesn’t have much money, we can assist you look into ways to get compensated fairly for your injuries.
We want to express our deepest gratitude for the exceptional work you did to insure that our father’s unfortunate accident did not go unrecognized; my dear dad would have appreciated your professionalism, unstoppable work ethic and most of all your compassion every step of the way. Please know we have the highest regard and the utmost respect for you.
Thank you again for all of your help, support and advice. You’ve made a trying and difficult time much easier to deal with for my family and myself. You will never have any idea how much your efforts were, and will forever be appreciated.
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340 West Passaic Street Rochelle Park, NJ 07662
Fax: 201-845-5973 201-231-7847
Map + directions
560 Sylvan Avenue, Suite 1000-A Englewood Cliffs, NJ 07632 (By Appointment Only)
201-734-3763
18-20 Lackawanna Plaza, Suite 200 Montclair, NJ 07042 (By Appointment Only)
973-381-8410
The Epstein Law Firm
The Epstein Law Firm