Elements of a Cherry Hill Dog Bite Claim
Every dog bite case is unique, but the most important elements of a claim in Cherry Hill include the fact gathering of the incident, which involves learning about the dog, including the dog’s prior history, size, and breed. It also involves learning about what actually happened, the attack, and the story of everything from the attack to the aftermath.
A lot of what happens when developing a Cherry Hill dog bite claim is going to be in the damages aspect of gathering medical records. An attorney will make sure to have the final narrative reports from the appropriate doctors and expert opinion with regard to proving the damages. This may also include economic experts talking about someone’s lost wages or ability to work.
To best understand the elements of a Cherry Hill dog bite claim, as well as build a case to help successfully recover on your behalf, it is imperative to consult with a lawyer. A knowledgeable Cherry Hill dog bite attorney can help you legally navigate the case as soon as possible.
Positive Impacts on the Claim
When dealing with the elements involved in a Cherry Hill dog bite claim, the prior history of the dog does not usually affect the case. This is because it is a strict liability claim and the dog owner can only be 100% at fault. The prior history of the dog does not impact the claim whatsoever.
When dealing with a non-dog bite claim, like a dog attack or a knockdown, the prior history of violence or aggressiveness of that dog is going to be important. This is because a person has to prove negligence on behalf of the defendant. If the defendant knew about this prior history, they should have taken precautions to prevent it from happening.
Potential Negative Impacts
What could negatively impact the Cherry Hill dog bite claim is if there are facts that support a defendant’s argument that the injured plaintiff was comparatively negligent. This can occur if, for example, they were in a location that they should not have been.
If there is information that shows that this injured party was trespassing onto the other person’s property, that could negatively impact the claim. If there is any evidence showing that the injured party was enticing this dog by hitting it or doing things to try to make it aggressive, it is going to negatively impact the claim, as well. That could be in the form of
These could all occur in the form of eyewitness testimony, a video, statements, or anything else that will support those types of facts. To best understand how these elements can negatively impact an individual’s Cherry Hill dog bite claim, they should not hesitate before consulting with an experienced attorney.
Statute of Limitations
Generally, the statute of limitations in New Jersey on a dog bite case is two years from the date of the incident. That number can change if it involves a minor. If a minor is involved, it is two years from the minor’s 18th birthday. A complaint would have to be filed in the superior court prior to that two-year expiration or the person would be barred from ever bringing a claim.
The only exception to this rule would be if, for some reason, the dog that caused the bite was owned by a public agency or a public agency was involved. This could be either a police department, the state of New Jersey, a township, or a county. In those cases, the New Jersey Torts Claims Act becomes relevant.
The Tort Claims Act says that within 90 days of the incident, a tort claims notice has to be sent to the appropriate state department, county department, or township department. If 90 days expires before a tort claims notice is filed, a person is barred from ever bringing the claim.
Although it is generally a two-year statute, the person wants to make sure that they talk to an attorney quickly just in case that dog is owned by a state-run or public entity or a public entity is somehow responsible. All relevant elements of a Cherry Hill dog bite claim can be best understood through the use of an experienced attorney.