Expert witnesses are used less frequently in dog bite cases than in other cases, but can still play an important role. Since New Jersey is a strict liability state, many times, there is no need to use expert witnesses with regard to the liability aspect of the claim. If trying to prove negligence on behalf of the dog owner, it usually does not require expert testimony as it is mostly a common sense argument.
However, expert witnesses in Cherry Hill dog bite cases are often necessary for proving damages. To determine the role of an expert witness in your dog bite case, it is important to contact a Cherry Hill dog bite attorney as soon as possible.
Where experts are necessary in Cherry Hill dog bite cases is when damages must be proved. The damages in these cases involve injuries to the person who is bit or attacked. Expert testimony is also required with regard to their economic losses, whether it is lost wages or medical bills.
Medical experts may be relevant also. For example, if a person has an orthopedic type injury, an orthopedist can talk about the injuries, including the diagnosis and prognosis, and give an opinion about what can be expected going forward with regard to injuries.
Sometimes when dog bites are involved, there could be very significant scarring and disfigurement as a result. A plastic surgeon would evaluate the scar and discuss not only what to expect with the scar going forward, but any scar revision surgeries that could be performed and the costs of those surgeries. A surgeon would want to make the costs of any potential scar revision surgery a part of the claim against the responsible party. That is something that the injured person should not have to pay for.
The final expert witness that may be utilized in a Cherry Hill dog bite case is going to be an economic expert. If someone is out of work and unable to work because of this accident for an extended period of time, a vocational expert or an economist can talk about the potential lost wages, not only past wages, but if necessary, future lost wages as well.
These are just some examples of experts that may be used to help prove the case and the damages that have been sustained following a Cherry Hill dog bite accident.
In a dog bite case, because strict liability is involved, the burden of proof shifts to the defendant. The defendant would have to argue that the person who was bit was either trespassing within an area that they were permitted to be or somehow enticed the dog into biting them.
Normally, when someone is injured, they have to prove that the defendant was at fault, but when a dog bite occurs, the burden shifts and the defendant has to prove that somehow the person who was bit was negligent in trespassing or enticing the dog into biting them.
When dealing with a dog attack that does not result in a bite, maybe it results in a knockdown or something along those lines, what could prevent liability is if a person cannot prove that the defendant was negligent in any way.
For example, if the dog owner is doing everything properly, they have the dog on a leash, the dog has no history of attacking or doing anything that would show aggressiveness, and the dog then jumps on someone and knocks them down, it may be difficult to prove that the individual was negligent in any way.
If that dog bites someone, a person does not have to prove negligence. If it is just a knockdown case, they need to prove negligence, so that is where that issue could arise. An expert witness could be useful in handling these Cherry Hill dog bite cases.
Comparative negligence rules apply in Cherry Hill dog bite cases. There would be a percentage of negligence assigned to that plaintiff depending on how they acted. Depending on what the percentage is, as long as it does not exceed 50%, the plaintiff is entitled to a recovery. Once it exceeds 50%, for example, if a jury was to determine that a plaintiff was 51% or more negligent, they are not entitled to a recovery.
For 50% or less, the amount of damages that are awarded will be reduced by the amount of comparative negligence that is assigned. If it is 50-50, the plaintiff was deemed to be 50% comparatively negligent, for example, the amount of damages would be reduced by 50%.
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My case settled recently after lasting 4 years. Grungo and Colarulo’s law firm were able to secure a large settlement award for my slip and fall accident. This money will help secure my future for the permanent injury I received as a result of the slip and fall. Everyone was very caring, and kept me informed throughout the entire process. Christine Lafferty is an excellent litigation lawyer. I highly recommend using them if you have been injured or in an accident. I hope I am never in a situation again to need their services, but I know who to go to if I, or any of my family members are ever injured. Thanks Grungo and Colarulo and staff for your compassionate service!
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A dear family friend referred us to a young attorney named Rich Grungo, Jr. We wanted answers and if necessary, justice for our father. From day one of a five-year journey, Mr. Rich Grungo, Jr. made our family and our pain his own. The man never stopped working for us. He kept us informed every step of the way. Questions were answered quickly and with great compassion and expertise. Even though Rich was always busy, he was never too busy for us. We always felt like we were his only clients
I had the opportunity to observe Mr. Grungo work in this case, both in the courtroom on the technical matters of the motions and also as his presentation to the jury in opening and presenting witnesses as well as utilizing animations… and drawings and films that were necessary for a proper understanding of the case…At all times during the presentation, Mr. Grungo operated mostly without notes and questioned the witnesses in a conversational manner which made it most effective. **
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Hi Rich, Well I’m on my way up to college to finish packing my son’s stuff up and to go to his Graduation tomorrow. It’s hard to believe how fast and how slow, at the same time 5 years can go by. I was just thinking of you as I am getting ready to leave and wanted to thank you once again for everything you have done for my son’s future. You are a good and just man. God Bless to you and your family.
Be Well,