BlogDog Bites

New Jersey Dog Bites — Civil and Criminal Remedies

Dog bites send some 368,000 victims to hospitals nationwide every year. Fortunately, most dog bites don’t cause fatal injuries, but they can result in serious damage to nerves and tissues. Some dog bites cause permanent disfigurement as well as emotional and psychological trauma.

Two male pit mixes recently attacked a 49-year-old Plainfield man as he rode his bicycle down a residential street. The dogs ran from a porch through an unlatched gate and bit several parts of the man’s body, including his calf, ankle, forearm and buttocks. Paramedics treated his wounds at the scene and then transported him to the hospital. The humane society took the dogs until the court issues an order. If the court deems the dogs vicious based on their history of attacking people, the humane society could be ordered to euthanize the dogs.

Criminal assault by animal?

Some owners train their dogs to attack other people. New Jersey lawmakers introduced a bill to criminalize assault by animal. Under Bill A1717, you are guilty of fourth-degree assault if you purposely use an animal to intimidate a person. If the dog injures a person, it is a third-degree crime. If the dog injures a police officer, it’s a second-degree crime.

Take legal action and get compensation for injuries

Criminal charges against dog owners are separate from civil penalties the owners face for injuries caused by their dog. New Jersey laws hold a dog owner legally liable even if the dog has not previously exhibited a propensity to bite people.

Dog bite survivors can seek financial compensation for:

Medical expenses
Physical therapy
Lost wages
Mental anguish
Physical pain
If you or a loved suffered a dog bite injury, contact a New Jersey dog bite attorney before agreeing to any settlement of your claim.

Traffic Offenses

Effective Defense to Reckless Driving Charges in New Jersey

Bergen County attorneys protect accused drivers from excessive charges
At five penalty points, a reckless driving charge is a serious violation in itself and a devastating addition to other charges, such as speeding or DWI. A reckless driving conviction can lead to an immediate license suspension, burdensome fines and staggering insurance increases. In some cases, a two-month jail sentence is possible. If you’re facing a hearing for reckless driving, it is vital to have an experienced defense attorney with you in court. At the Law Offices of Richard S. Greenberg, we’re ready to fight for a dismissal or a reduction in charges to save you money and preserve your driving privileges.

New Jersey’s burden of proof for reckless driving charges
The text of New Jersey’s reckless driving law, N.J.S.A. 39:4-96, reads:

“A person who drives a vehicle heedlessly, in willful or wanton disregard of the rights or safety of others, in a manner so as to endanger, or be likely to endanger, a person or property, shall be guilty of reckless driving and be punished by imprisonment in the county or municipal jail for a period of not more than 60 days, or by a fine of not less than $50.00 or more than $200.00, or both.”

The statute requires the prosecution to prove a mental state bordering on deliberate endangerment of others. Yet, very often officers write a reckless driving citation along with a speeding ticket when the facts don’t support such a conclusion, forcing prosecutors to use scant evidence to convince a judge that additional punishment is warranted. Our attorneys use their trial experience to challenge the state’s case and expose weaknesses in the evidence. For drivers with otherwise clean records, we’ve had great success negotiating these five-point traffic violations down to careless driving, which is a two-point violation, or getting the ticket dismissed altogether.

Workers Compensation

Beyond a Workers Compensation Claim

The New Jersey Workers Compensation Act establishes a relatively swift procedure for injured workers to receive insurance benefits to cover their medical expenses and lost wages. The downside of the workers compensation system is that it generally bars you from pursuing a personal injury lawsuit against your employer when the employer’s negligence caused your injuries. But there is an exception.

Intentional tort exception

Under New Jersey law, you can pursue a personal injury suit against your employer after a job-related injury if you can establish that your employer committed an intentional wrong. The New Jersey Supreme Court established a two-part test to determine when an intentional wrong can to trigger the exception. You must show that:

Your injury resulted from the employer’s action.
The employer knew with substantial certainty that the action would cause injury or death.
This is a high hurdle for most injured workers. Clearly, the New Jersey Supreme Court’s decision discourages work-related disability claims from being pursued outside the workers comp process.

If you’ve suffered a workplace injury, contact an experienced New Jersey workers compensation lawyer for assistance with your claim.