New Jersey Injury Lawyer & Attorney : Law Offices of Scott D. Grossman : Serving Monmouth County, Bergen County

Okay now I am enraged.  I just watched an interview on News 12 with Congo’s owner, Guy James and he stated that the reason why he put his dogs down is because he knows the statute and that he would not want to put his dogs or his family through this when the dogs would have to be destroyed anyway.   What about his concern for his mother-in-law, a 75 year old woman who endured massive amounts puncture wounds and lacerations this past Tuesday?.  What about the safety of his family and the rest of the local community?  In a separate interview, Mr. James  stated that this time the dogs merely “jumped” on the victim when she opened the door to go outside without realizing that the dogs were outside.   In the first dog bite attack back in November 2007, thousands were in support of Congo surviving dog death row if in fact Congo was provoked by its victim.  This seemed to make perfect sense to me. The Municipal Court Judge declared Congo vicious notwithstanding the apparent fact that Congo’s attack seemed to be provoked by the actions of its victim.  This inflamed the conscious of thousands of dog and animal lovers.  So much so that rallies were organized under the theme of “save Congo”.  Additionally, over 10,000 pleas were sent to Governor Corzine to spare Congo’s life.  Then the Superior Court of New Jersey reversed the Municipal Court ruling and allowed Congo to go home.  While I do not have the transcript of the Superior Court’s decision, I assume that it was decided on the basis that the municipality failed to prove that the dog was not provoked as required by N.J.S.A. 4:19-22   Out of these highly publicized, emotionally charged events a bill was introduced in the NJ Assembly in December 2007 as No. 4597 sponsored by Assemblyman Neil Cohen with the intent of revising the vicious and potentially dangerous dog law; designated as Congo’s Law.

Of course when a highly publicized incident occurs, legislative officials often take swift action to introduce legislation that will attempt to minimize or avoid the likelihood of the same type of events occurring in the future. This undertaking may be borne out of a genuine concern for doing what an individual believes is the right thing to do or may be the result of political pressures or a combination of the two.   Unfortunately, portions of “Congo’s Law” would likely, in my humble opinion, place New Jerseyans in actual danger of additional vicious dog bite attacks while sparing the lives of dogs that have already attacked persons that resulted in serious bodily injury or even death.  Now don’t get me wrong, I want to be clear that I am a dog and animal lover. I believe wholeheartedly that animals should never be abused for purposes of someone’s warped entertainment and any individual intentionally abusing an animal should be fully prosecuted under animal cruelty laws.  However, common sense mandates that if a domestic animal attacks a human being resulting in serious bodily injury or death, now we put the risk of harming persons above the value of the animal’s life.  We cannot put the safety of our children or our loved ones at risk of physical harm in order to preserve the highest burdens of proof.  Most rational persons would agree that to grant animals the same rights as our citizens is purely absurd. Believe it or not, this in essence is what certain provisions of the Congo Law would require if enacted.  For example, under the current law if after an attack the dog is declared vicious by a municipal court judge, meaning it killed a person or caused serious bodily injury then the dog shall be destroyed in a humane manner. See N.J.S.A. 4:19-22.  The Congo law would allow the municipal judge discretion in allowing the dog to return home even if an attack occurred resulting in serious bodily injury or death and where it found that the dog is declared vicious.  Then the court would require its owner to obtain a special municipal vicious dog license, orange identification tag, a municipal registration number, and maintain liability insurance.

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Yet another pit-bull attack in New Jersey resulting in serious wounds.  The Star Ledger recently reported that a 41 year-old woman from Union City was in her son’s apartment when her son’s two pit bulls attacked each other.  The woman and her son attempted to break up the fight when one of the pit bulls attacked them. The son received a minor bite on his hand and did not want to receive any medical attention. However, the woman had several puncture wounds on her right arm and was taken to the Jersey City Medical Center.

As a New Jersey dog bite lawyer, I can say that many of my clients have been attacked by pit-bulls or mixed breeds that likely had some pit bull in them.  However, the attacks also occur from a multitude of breeds and mixed breeds. The leading studies also reinforce this data. 

It has been my experience that the more severe dog bite victims often endure severe puncture wounds, bone crushing or bone piercing injuries of the face, arms, head, legs or other body parts.  Unfortunately, often times it is not just the physical scarring that will endure but the emotional scarring that may have an even more detrimental permanent effect on the victim.    This may occur when the victim of a severe and brutal dog bite attack suffers emotional trauma in the form of post traumatic stress disorder or PTSD. 

The victims of severe dog bite attacks experiencing PTSD may lose the ability to cope with normal everyday situations.  For example; the victim may avoid many social situations for fear that a dog could be around.  Even a small non threatening dog could produce a tremendous amount of fear and anxiety to someone suffering from PTSD as a result of a dog attack.    This can be extremely debilitating and life altering.  The most severely affected dog bite victims will actually lose their freedom to just go for a simple walk around their neighborhood for fear of experiencing the horror once again. They relive the attack in their minds and something that may have lasted only a few seconds will seem like the longest moments of their lives. These victims endure their own “Vietnam War”. The PTSD can produce severe changes in the victim’s personality that may destroy their relationships and can even lead to the total breakdown of the family unit. 

After a severe dog bite attack if the victim begins to experience any of the above symptoms, receiving a proper diagnosis by a competent mental health professional is extremely important.  While ongoing long term psychotherapy may work well for some individuals, for others it is just too stressful and anxiety producing to re-enter the darkest and scariest moments of his or her life.       

Keep an eye out for future posts on this blog where I plan on revealing the problems with the laws in the state of New Jersey as they relate to the procedures that are to be taken by the authorities after a dog bite attack. My opinions are based on my experiences in representing victims of dog bite attacks in places like Paterson and Freehold as well as counties such as Bergen, Monmouth, Middlesex, Passaic and Ocean Counties.   

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The owner of the pit bull accused of terrorizing the community by biting five people in one day told a Parsippany New Jersey Municipal Court Judge that his dog had been provoked by passers-by.

The owner of the pit bull appeared in court to plead not guilty to the three charges lodged against him for the April 2 2008 attacks by his Pit bull. The victims were treated and released from the hospital for mostly superficial bites. 

Municipal Prosecutor said the state intended to have the dog declared "potentially dangerous," which he said was the "proper, prudent thing to pursue" given the rampage the dog went on outside the Lake Hiawatha branch of the public library.

The judge said the dog owner was offering a defense, which is something for him to do at trial, and asked again whether he understood the potential consequences of a finding of guilty. The owner said he believed the township was seeking "to put the dog down."

That the pit bull will not likely be destroyed did not sit well with one of the victims, who attended the hearing. He described the horror of trying to pull the dog off another victim only to have the pit bull bite him on his leg before charging his 13-year-old daughter. "I want to tell the judge what I went through," he said. "Trust me, it's too dangerous."

Parsippany's animal control officer, said… "Our concern is for public safety and we don't want people mugged in the street by pit bulls -- and that's just what happened,"  As reported in The Star -Ledger.  Please read more.

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Did you know that more than 4.7 million people are bitten by dogs annually? That is a staggering figure. The Center for Disease Control and Prevention (CDC) reports that every year 800,000 Americans seek medical attention for dog bites and half of these victims are children. Of those injured by dog bite, just about 50% require treatment in an emergency department and about a dozen die. Children ages 5 to 9 are at the highest risk for dog bite-related injuries and almost two thirds of injuries among children ages four years and younger are to the head or neck region. With statistics this high, knowing how to prevent dog bites is invaluable to you and your family. So, that's why the third full week of May has been designated National Dog Bite Prevention Week, and the American Veterinary Medical Association (AVMA), the United States Postal Service, and the Centers for Disease Control and Prevention are each working to educate Americans about dog bite prevention. 

Take the time to check out the CDC's website to educate yourself and your family about dog bite prevention.

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Michigan is looking to pass a law that would make it a misdemeanor for a pet owner to flee the scene of a biting incident, punishable by a $500 fine and possible jail time. It's not a bad idea for New Jerseyans, either. There are numerous incidents involving dog bites where the victim is unable to identify or locate the owner of the dog resulting in a total lack of recourse. As a practical matter, the owner's presence at the scene of a dog bite may help the victim when he or she seeks treatment, because the owner will be able to attest to the dog's health and vaccination records. For more information about the Michigan law, click here.

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Good information for the general public, setting forth the possible reasons why dogs bite. Click here to read more.

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The Humane Society's website is a terrific resource for everything you need to know about dog bites, from preventing attacks, to avoiding attacks and how to protect yourself and your family and your dog. Take some time review the site if you are a dog owner or if there are dogs or other animals living in your neighborhood.

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We all love our dogs. They are part of the family. But a recent guide published in the British Medical Journal by a group of doctors in England discusses the serious risk of attack that dogs may pose, especially for children left home alone with them. The most serious dog attacks occur, according to those who track such data, when children are left unsupervised with a dog. Read more by clicking here.

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There is an increasing trend in cities across the country to ban the ownership of pit bulls due to the belief that the dogs are inherently dangerous. New York City may be next. New York City Council member Peter Vallone, Jr. introduced a bill banning the ownership of the aggressive dogs.

Read the article on InsuranceJournal.com.

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Few things are more frightening than being attacked by a dog. Such an attack can leave the victim severely injured and traumatized. If the victim is a child, the injuries can be fatal. Many states have statutes which hold the owner of the dog strictly liable for the dog’s behavior if the attack is unprovoked; that is, the victim did nothing to threaten the dog or cause it to attack in self-defense. It makes no difference where the attack took place or if the attack is the first for the animal. In some states, the dog gets “one free bite,” meaning the owner is not presumed to know the dog is dangerous until an attack has occurred once. If you or a loved one is seriously injured in an animal attack, please call The Law Offices of Scott D. Grossman, LLC for your free, confidential consultation at (732) 625-9494 or toll free (888) 899-9494.

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