New Jersey Accident and Injury Law Blog : New Jersey Injury Lawyer & Attorney : The Grossman Law Firm : Serving Monmouth County, Bergen County

It’s not entirely rare that a dog turns on its owner.  However, the viciousness of a recent dog attack in Massachusetts has been surprising to dog experts.

A five-year-old boy suffered serious injuries when he was attacked by his babysitter's dog. According to the Boston Herald, the little boy was attacked in the home of Karen Bruno O'Leary, who owned the bulldog. There's little information about the attack, but it seems that O'Leary was able to pull the dog off the little boy,. In the process, she suffered serious injuries of her own. The dog turned on her, attacking her.  Her injuries were serious enough for her to be airlifted to the hospital. The child meanwhile suffered serious facial injuries. The animal was finally shot dead.

Emergency responders who reached the scene, say it was a horrific, vicious attack. There is no information on the dog owner's condition, but she likely faces a long recovery process ahead.

Animal behavior experts are trying to understand why the dog turned on its owner. It's not entirely unheard of, but they believe there could have been a number of triggers that contributed to the attack. Typically, a dog that responds like this could be reacting out of fear or anxiety. The animal could simply have been exerting its dominance, or its territorial instincts could have surfaced. If the little boy was walking with food in his hand, that could have been enough to trigger the attack. Food can be a powerful motivator in a dog bite.

This attack confirms one thing to Freehold dog bite lawyers. There is no way to predict animal behavior with 100% accuracy. No matter how long you've had your pet, and no matter how gentle and child-like it's nature, there's no way you can completely guarantee that your dog will never be involved in an attack. It’s failure to accept this reality, that I often see behind a number of dog bites in New Jersey.

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It’s not an easy life for the thousands of census takers who are visiting homes across the country this census season. These workers face risks not just from unwelcoming homeowners, but also from angry dogs. According to the Associated Press, Census workers across the country have been the victims of a number of threats, including dog bites.

There are more than 635,000 census workers who have been hard at work since the first of May. These people have been going door-to-door, giving homeowners census forms. It's a thankless, backbreaking job, borne by the fact that, according to the Census Bureau, there've been more than 400 adverse incidents involving census workers in less than two months.

There've been a total of 409 adverse incidents reported, and out of these at least a dozen involved gunshots. At least 132 census workers were threatened when a homeowner pulled a gun on them, and 88 workers were physically assaulted by homeowners.

As far as dog bites are concerned, there were at least 24 reported incidents involving dog attacks on census workers.

It's not as if census workers are going out there completely entrained for what they can expect when they enter someone's property. However, it's important that dog owners make sure that census workers are protected when they entered their property.

·         If you have a dog on the premises, make sure that visitors to the property are warned about the animal. Place large warning signs on the gate.

·         Keep your dog secured or restrained during the time you would expect census workers to visit.

·         When the census worker is in your home, make sure that the dog is restrained in another room, or property secured in the yard.

These people do an invaluable service to our country, and the least we can do is make sure they are protected during the few minutes they are on our property.

Scott Grossman is a New Jersey dog bite lawyer representing injured victims of dog bites in Monmouth, Bergen, Passaic and Ocean Counties and across New Jersey.

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Community members in Montgomery County in Tennessee are trying to get a dangerous dog list posted on the Internet to warn anyone who could be at risk of an attack.

According to the Leaf Chronicle, these residents want information about the location of dangerous dogs in the area available online, just as they can now access the names of pedophiles who move into the neighborhood. In 2005, Montgomery County approved new regulations that provide for a dangerous dog designation for animals that bite a human being or animal or injure livestock, or attack anyone viciously. 

Residents who have been at the receiving end of dog bites, or have had their pets attacked by vicious dogs, have appealed to the County commission to make the list of dangerous dogs available on the Internet. According to the County Attorney, information about dangerous dogs is available to the public. However, the matter of posting information online may be a bit more complicated.

For one thing, the County Atty.'s office does not have access to directly post information online. Instead, the County Atty.'s office is required to send the information to the Information-Technology Department, where staff would post the list online. There are other logistical issues involved with maintaining a list of dangerous dogs online. For instance, the list must be kept current, because dogs and their owners are kept on the list for a total of 18 months after which, if they have shown good behavior, they are removed from the list. It will take considerable resources to keep the list updated and current, especially since the County Atty.'s office is so understaffed.

Residents who are calling for the list, say that it would make it easier for house hunters to avoid areas where there is a dangerous dog in the neighborhood, and would also help utility workers and police officers responding to a scene, to be aware of a dangerous dog in the area..

Scott Grossman is a New Jersey dog bite lawyer, representing injured victims of dog bites in Monmouth, Bergen, Passaic and Ocean Counties and across New Jersey.

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There’s been yet another attack involving pit bulls in New Jersey.

Earlier this month, a group of children at a complex in Atlantic City were chased by two pit bulls. The dogs were being extremely aggressive, frightening the children who cowered on a bench. Police officers responded to the scene, and tried to chase the two dogs away. They were not successful. While one dog ran off, the other remained at the scene. Animal control officers then came up to the site. One of the dogs charged at an officer, but he managed to avoid injuries. The situation was brought under control when the police officers fired at the dog, and killed it.

The children were extremely fortunate that they were not injured in this attack. Any New Jersey dog bite lawyer will tell you that pit bulls and certain other breeds of dogs can attack with a great amount of ferocity. This isn't to say that pit bulls are the only breeds of dogs that are involved in attacks, but a dog bite incident involving pit bulls or pit bull mixes tends to be extremely serious. These dogs can be very strong and their natural instinct is to be very aggressive when they are uncomfortable, stressed or threatened.

Pit bulls need a lot of exercise, and it takes loving dog owners to take on the responsibility that comes with caring for these breeds. Unfortunately, very often pit bulls and other pit bull mixes are seen as macho status symbols, and are taken in by people who have no idea what it takes to rear these animals. Many dogs are simply discarded, and find their way into local animal shelters, to be ultimately euthanized.

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A recent spate of dog bite attacks in San Bernardino County in California has had local authorities passing an ordinance to crack down on pit bull owners. The San Bernardino County Board Of Supervisors this week approved a measure that would require owners of pit bulls to have their animals spayed or neutered, or face fines.

The ordinance comes in response to a spate of dog bite attacks. Over the past five years, San Bernardino County has had four fatal dog attacks. The most recent attack occurred in May when a two-year-old boy was mauled to death by the family’s pit bull dogs. In January this year, a three-year-old child met a similar fate, mauled to death by the family's pit bull.  

Also since January, there have been at least four other serious dog bite attacks in San Bernardino County. In April, three children were severely bitten by a pack of five pit bull mixed breeds that attacked the children as they were walking with their mother. The children suffered serious injuries that required stitches. According to County authorities, out of the 686 reported dog bites between 2008 and 2009, 137 involved pit bull breeds.

The ordinance that was passed this week requires that owners of pit bull and pit bull mix breeds have their animals spayed or neutered. Dogs that are more than four months old must be spayed or neutered. Owners that fail to do so are likely to be slapped with a $100 fine for a first offense. Subsequent offenses will be met with more severe fines. In July, the ordinance will head into a final vote.

Obviously, pit bull owners are not too happy about the new ordinance. They believe they are being unfairly punished for the irresponsible actions of other pit bull owners. They also believe that the new ordinance will do nothing to coax irresponsible dog owners into getting their dogs spayed or neutered.

Scott Grossman is a New Jersey dog bite lawyer, representing injured victims of dog bites in Monmouth, Bergen, Passaic and Ocean Counties, and across New Jersey.

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As a New Jersey dog bite lawyer, I often see that most victims of dog bites are little children. However, the fact is that there is one category of people that is consistently at risk from dog bites. These persons frequently suffer a bite when they enter properties as part of their daily work.

Utility workers are frequently at risk of a dog bite when they enter a property where the dogs have not been properly secured or restrained. It is very important that property owners realize that there are thousands of dog bite incidents involving utility workers every year. Hundreds of these occur in New Jersey.

There is much that you can do to prevent dog bites on your property.

It's possible for you to find out when the utility worker is supposed to make a visit. Call the company, and find out the date and time that a visit has been scheduled. On that day, make sure that your dog is safely secured.

If the meter reader is supposed to come over, leave a note on the meter informing him that there's a dog on the premises, and that it has been safely secured. This will give him advance notice of the dog.

If you have welcomed a new dog into your family, make sure that the utility company is informed before the worker comes around to visit your property. Very often, utility workers are bitten because they are unaware there is a dog on the property.

Have a large warning sign outside the gate, cautioning visitors about your dog.

Almost all dog bites are entirely preventable. It's even easier to prevent attacks on utility workers who frequently visit your premises.

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It’s one of the most annoying experiences for a bicyclist - pedaling away with a dog nipping at your heels.

It's not easy to understand why some dogs chase bicyclists, while others ignore you. A dog may decide to follow you for a number of reasons. A dog chasing a bicyclist could be doing so out of a sense of playfulness. In some cases, it could be a case of aggression.

Unfortunately, it's not easy for a bicyclist to tell whether the dog intends to play, or whether he wants to bite or attack. There are some ways you can deal with this pesky problem.

 ·         Shout at the dog to frighten it off. This often works. There's another major advantage to be had from shouting and yelling. If the dog's owner is anywhere around, he may hear your cries for help, and come to your rescue.

·         Stop the bicycle, and walk on foot. In many cases,dogs chasebecause of the novelty of the sight, and if you walk, it may bore the dog, and cause it to walk off.

·         Take your water bottle, and squirt some water on the dog's face and eyes. Even better, add some vinegar to the water in your bottle. The vinegar will cause just as much irritation as needed to get the dog off your track.

·         Arm yourself with pepper spray. However, you need to be able to ride the cycle, and aim right at the dog’s eyes. This can be hard to do unless you're an experienced bicyclist.

Scott Grossman is a New Jersey dog bite lawyer, representing injured victims of dog bites in Monmouth, Bergen, Passaic and Ocean Counties, and across the state of New Jersey.

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The no-noise operations of several models of electric cars actually pose a major threat to pedestrians, especially blind pedestrians. Without the familiar engine noise to warn them, blind pedestrians may not notice that a car is approaching. In fact, a study conducted by the National Highway Traffic Safety Administration shows that the number of pedestrian accidents involving electric cars, is actually much higher than those involving fuel run cars.

Hybrid cars like the Toyota Prius, are just as noisier when they are in engine mode, but when they shift to electric mode, the noise becomes virtually nil. This has been one of the biggest selling points of these cars, and has contributed greatly to their popularity. However, it has also increased the risk to pedestrians.

The risk is so great that blind advocacy groups and automakers have now submitted a proposal to the National Highway Traffic Safety Administration, proposing the installation of noise-emitting devices in these electric cars. These noise-emitting devices will make a sound when the car is traveling in electric mode, thereby alerting pedestrians to their presence.

The noise-free operations of electric cars is a threat not just to blind pedestrians, but also sighted pedestrians, who may not be able to hear your car. Last year, a report by the NHTSA confirmed that the number of accidents involving pedestrians and electric cars tend to be higher in beach towns and suburban areas. In these areas, there's a lot of pedestrian traffic, and local populations are more likely to drive hybrid electric cars, like the Toyota Prius.

This seems to be one instance where an auto enhancement feature could actually increase accidents. It's good to see that automakers have realized the importance of this issue, and have proposed technological measures to deal with this.

Scott Grossman is a New Jersey car accident lawyer representing injured victims of auto/car/pedestrian accidents in Monmouth, Bergen, Passaic, and Ocean Counties and across New Jersey.

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This May, the week from 16th to 22nd is being commemorated as National Dog Bite Prevention Week. It's the right time to bring attention to the fact that there are more than 4.5 million dog bites occurring annually in the United States.

Dogs have a special place in our hearts as man's best friend. Unfortunately, they're also involved in a large number of attacks and injuries every year. Out of the 4.5 million dog bites that occur on an average every year in the country, an overwhelming majority involve little children. In fact, children make up about 60% of the total number of dog bite victims in the country.

Most dog bites are entirely preventable. You can't completely predict animal behavior, but you can create safe conditions for those who might be at risk of attacks, including visitors to your property, guests, little children etc.

As New Jersey dog bite lawyer, I would like to recommend the following steps for dog owners to prevent animals from being involved in attacks.

• Get your dog spayed or neutered. These dogs are less likely to attack.
• Invest time and resources in training your dog. This isn't an easy process, and it takes great patience to train our dog even to obey simple commands. However, it's worth the effort. A well-trained dog is much less likely to be involved in attacks.
• Socialize your dog. This involves exposing your dog to a variety of people and environments. A dog that's confined within the yard or in your home is more likely to view other human beings as threats. This will make the dog anxious and stressed, and may provoke an attack.
• Invest in getting proper treatment for your dog when he begins to exhibit abnormal behaviors. Don't assume that your dog will simply get over these behaviors. If he suddenly seems anxious, stressed or aggressive, consult an animal behaviorist .

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 As a New Jersey dog bite lawyer, it's always especially painful for me to come across instances of infants being seriously injured or killed in the attacks. Such attacks are not rare. In fact, according to the Centers for Disease Control and Prevention, children below the age 5 account for a majority of the dog bite cases in the United States.

This month, one more dog bite involving a defenseless little baby made headlines around the country. This incident occurred in Riverside County in California. A six-month-old baby boy had been left in a carrier and in a room with two pit bulls. The mother was in another room of the apartment with a friend who also happened to be the owner of the dogs. When the two reached the room where they had left the baby, they found that the diaper had been ripped off, and the baby’s testicles had been mauled. The baby was rushed to the hospital. Fortunately, the baby seems to be recovering from the injuries.

In March, I blogged about a fatal dog bite attack involving a 10-day-old baby in Minnesota. In that attack, the circumstances were similar to the one in California. The baby had been left alone in a room with the family dog. The dog pounced on the baby, leaving it with serious head injuries. That baby unfortunately did not survive.

The breed of the dog is immaterial in either of these cases. There is simply no reason why you should leave an infant child, or even a toddler, alone with a dog. The Centers for Disease Control and Prevention advises that parents and caregivers not leave babies alone with dogs even for a few minutes.

Scott Grossman is a New Jersey dog bite lawyer, representing injured victims of dog bites in Monmouth, Bergen, Passaic and Ocean counties and across New Jersey.

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Nationwide, approximately 44% of all serious dog bites involve pit bulls. In yet another attack involving these dogs, a 12-year-old girl in Washington DC is recovering from serious facial injuries sustained in a pit bull attack. According to news reports, the girl was attacked as she walked on the street. She suffered severe lacerations to her face.

The attack has once again stirred debate on whether pit bulls are more aggressive than other breeds. In the Washington area alone, the attack on the girl was the second in a single week involving pit bulls. Over the past year however, there has been at least one fatality in the same area where a man was mauled to death by his pit bulls. Another dog bite involving a pit bull left another victim in need of more than 100 stitches.

Any debate about the dangers from aggressive breeds like pit bulls always generates plenty of heat. Pit bull lovers and owners are adamant that these dogs are the friendliest, most gentle animals, and that most pit bull attacks can be traced to poor ownership. As a New Jersey dog bite attorney, I have to agree with that to some extent. With the right kind of attention and adequate care, pit bulls can make loving family pets. In fact, very often attacks involving pit bulls feature owners who seem simply unprepared for the responsibilities of owning and raising such breeds. Unfortunately, the result is a maladjusted and aggressive dog that can attack without provocation or reason.

Having said that, I wouldn't recommend having a pit bull as a family pet if you have little children in the house. Whether you like it or not, these breeds are linked to a large number of dog bites every year in the US, followed closely by rottweilers.

Scott Grossman is a New Jersey dog bite lawyer, representing injured victims of dog bite attacks in Monmouth, Bergen, Passaic and Ocean Counties and across the state of New Jersey.

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As a New Jersey dog bite lawyer, most of the celebrity-related dog bite news I come across involve poor and irresponsible dog ownership. Last year, I blogged about a lawsuit that named pop star Jennifer Lopez and husband Marc Anthony, in an attack involving the couple's guard dog and a stewardess. Strangely enough, the same guard dog Floyd, was also involved in an attack on a personal assistant, and features in a lawsuit brought by that woman against Floyd's new owners, actress Nicole Robinson and her husband Craig Snyder. Also last year I blogged about, NY Jets quarterback Joe Namath whose dog had to be declared dangerous after a series of dog bite attacks on the sports legend’s property.

It's not every day you come across a dog bite story where the victim is actually the celebrity. Soccer superstar Diego Maradona is in hospital after suffering a serious dogbite to the face. According to the Associated Press, the former soccer superstar and current coach of the Argentina soccer team, was playing with his dogs at his home when one of the dogs lunged at his face and bit him. Madonna suffered injuries to his upper lip, and will require reconstructive surgery.

For the record, the dog involved here was a Shar Pei. The Shar-Pei is a distinctive looking animal with trademark wrinkles and a rough coat. The wrinkles smoothen out a little as the dog grows. These breeds are originally from China. Shar Peis are considered loving family dogs, with a distaste for strangers.

Scott Grossman is a New Jersey dog bite lawyer, representing injured victims of dog bites in Monmouth, Bergen, Passaic and Ocean Counties, and across the state of New Jersey.

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As a dog bite lawyer in New Jersey, I frequently come across cases where a family pet attacks a member of the family, or a relative. Something similar happened in Ohio this week. Sheriff's deputies in Summit County were called to a house after reports of a dog attack.

Thomas Heilman was helping his father get into his wheelchair when Heilman’s son’s pit bull attacked him. Heilman got his father safely into the house, and then, got inside the car to protect himself from the dog. When deputies arrived at the house, they found Heilman in the car with the dog outside. The pit bull then attacked one of the two deputies. The second deputy tried to use a stun gun on the dog, and when that didn't work, was forced to deliver a fatal gunshot to the animal.

Animal behavior is not an exact science. There is only so much you can predict about why a dog will attack. Dog ownership is the primary factor in many of these attacks.  Typically, a dog that’s well fed, well groomed, and most importantly, well exercised is likely to be an obedient and satisfied dog. That doesn't always happen, however. I've seen more than my share of cases where well-looked after dogs raised by devoted owners, have attacked.

The right training and discipline is very important in preventing such cases. This is especially more so when children are involved. Dogs look at the world in terms of a hierarchy, and at no point must the animal believe that it ranks above your immediate family members in this hierarchy.

Scott Grossman is a dog bite lawyer in New Jersey, representing injured victims of dog bites in Monmouth, Bergen, Passaic and Ocean counties, and throughout the state of New Jersey.

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A proposed piece of legislation in Florida intends to allow local governments to restrict certain breeds of dogs. The highly controversial bill, has angered dog owners in the state.

The bill, which has been sponsored by Sen. Tony Hill, D-Jacksonville, would allow local governments in Florida to regulate certain dog breeds. Florida has a ban on breed specific legislation. Dog owners and citizens are up in arms about why it is necessary to repeal the ban now, 10 years after it was passed. The bill would not ban any dog breed outright, but it would allow for certain regulations for owners of certain dog breeds. For instance, there may be additional insurance requirements for owners of certain breeds, or a provision requiring muzzling for other breeds.

Animal welfare agencies like the Humane Society, the American Kennel Club and the Florida Animal Control Association have expressed their opposition to the bill. According to them, breed specific legislation is pointless because it takes the focus off dangerous dog behavior and places too much attention on the breed. Besides, such legislation is pointless because it does nothing to limit the number of vicious dog bite attacks.

According to Sen. Hill, the inspiration for the bill came from the several dog bite attacks that have taken place in Florida over the past 12 months. Over the past 10 years, there have been 10 fatal dog bites in the state of Florida. Several attacks have left small pets and other animals as well as children, seriously injured. For Sen. Hill, it is a public health issue.

Breed specific legislation has always been controversial. As a New Jersey dog bite lawyer, I believe we should be focusing more on responsible dog ownership practices than banning certain breeds.

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For close to eight months, the city of Lafayette in Colorado has been anxiously waiting for a decision by a municipal court judge about the future of a dachshund blamed for an attack on a vet technician. That decision came this week as the judge granted the dachshund Spork, a reprieve of six months.

The attack in question occurred in August last year. Spork had been taken by his owners Tim and Kelly Walker, to the veterinarian's office. As a vet technician attempted to take Spork from his owner, the dog apparently lunged at her face, biting off chunks from her upper and lower lips. The technician Allyson Stone, has undergone plastic surgery since then, and will require further surgery to restore her appearance.

She and the veterinarian filed vicious dog complaints against the dog's owners, and the entire case quickly turned into a heated debate over whether Spork should be declared a vicious dog.  Spork even got a Facebook fan page of his own, with thousands of members urging the judge to grant him a reprieve. A Lafayette judge has now granted the dachshund a six-month reprieve. Spork has six months in which he must stay out of trouble. If he does so, all charges will be dropped.

For 8 months, there has been plenty of drama surrounding the dachshund. His owners insist that the technician was at fault because she made errors while handling the dog. Stone happens to be an experienced technician who has been handling animals for the past 15 years. In all these years, she says, she has only had one other animal attacking her. She insists that her main aim in all this was to ensure that Spork is unable to bite or attack anyone else again.

The biggest issue in all this was that the dog bite laws of the state of Colorado exempt a dog owner from liability in case the victim was a vet, a dog groomer, or other person who works in close proximity to dogs. However, Lafayette decided to assert hometown exception, which means it doesn't have to follow state laws.

Scott Grossman is a New Jersey dog bite lawyer representing injured victims of dog bites in Monmouth, Bergen, Passaic, ocean Counties and across the state of New Jersey.

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The issue of breed specific legislation is an extremely touchy one. These efforts have received mixed success wherever they have been introduced. One parish in Louisiana has now passed an ordinance banning pit bulls.

St. Mary's Parish in Louisiana passed the ordinance during the parish council’s meeting this week. According to the ordinance, it is illegal to own, keep or sell pit bulls within unincorporated areas of St. Mary's Parish. The bill, which will go into effect on 1 July 2010, also places restrictions on current owners of pit bulls.

The ordinance was passed by unanimous vote, and was preceded by intense debate at public hearings. One of the issues that came up during the hearings was the requirement that pit bull owners obtain an annual pit bull license for a one-time fee of $50 per license. After several pit bull owners protested that provision, it was struck off from the ordinance. Besides, the signs that pit bull owners will now be required to place outside their properties were changed from ”Beware Dangerous Dog” to “Beware Dog.”

Pit bull  owners in St. Mary's Parish must meet the following conditions.

• ·         The dog must have a license tag on the collar, and must be micro-chipped for identification.
• ·         Pit bulls must be placed in a secure 4' x 7' pen, with a 2 ½ inch thick concrete floor
• ·         The pen must be surrounded by 6-feet fencing.
• ·         Violations will be fined not less than $500 for a first offense, and between $300 and $500 for second offense.

Scott Grossman is a New Jersey dog bite lawyer representing injured victims of dog bites in Monmouth, Bergen, Passaic, ocean Counties and across the state of New Jersey.

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The Humane Society’s adoption policies may come under the microscope after a dog bite this month was traced to at least one dog adopted from the Society.

The owner of two pit bulls in Indianapolis that attacked and seriously injured a man, has been charged with dog bite resulting in bodily injury and keeping a non-immunized dog. The attack occurred on the 4^th of March when the victim, James Bates was taking out the trash. The two pit bulls attacked Bates, biting him and dragging him 40 feet away. Bates’ mother called 911, and it wasn't until police officers arrived at the scene and shot one of the dogs, that the attack finally ended.  The attack was vicious by any comparison. Bates had his ears ripped off from his face. The two dogs had apparently jumped their owner’s fence and into Bates’ yard.

Interestingly enough, the owner of the two pit bulls Shawn Middleton, is a sheriff's deputy in Marion County, Indiana. He has now been charged in the attack.

The dog that was shot by the officer had been adopted only in January this year. Middleton had got the dog from the Humane Society of Indianapolis. The dog seems to have begun to display aggressive behavior soon after the adoption. Middleton’s neighbors were soon calling police to report the aggressive pit bulls.

There is disagreement about whether the dog had aggressive tendencies even before it was adopted. The Humane Society of Indianapolis denies that the dog had any aggressive tendencies. According to the agency, the dog had just been neutered, and had passed a behavioral test before it was determined to be adoptable. However, workers claim that the dog bared teeth and displayed aggressiveness often.

Meanwhile, local legislators say that they will look into the Humane Society's adoption policies.

Scott Grossman is a New Jersey dog bite lawyer, representing injured victims of dog bites in Monmouth, Bergen, Passaic, and Ocean Counties and across the state of New Jersey.

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Last November, I reported on a lawsuit filed against pop star Jennifer Lopez and her husband Marc Anthony by a flight stewardess, who was attacked by the couple’s guard dog. The dog in question, a military trained German Shepherd, Floyd had lunged at the stewardess, causing her to fall down, and suffer back injuries. Floyd has now been named in a lawsuit filed against his new owners, actress Nicole Robinson and her husband Craig Snyder

The lawsuit has been filed by Mary Bahl, a personal assistant who claims that Floyd attacker her outside the couple's New York home. When Floyd was owned by Lopez and Anthony, there had been several instances of unprovoked aggression reported by the couple’s hired help. A housekeeper and a personal assistant reported that the German Shepherd attacked them.  Bahl’s dog bite lawyer says that Robinson and  Snyder should have been aware of the multiple attacks involving Floyd when they brought him into their home.  

The dog seems to have a history of unprovoked aggressiveness, and his military protection training has likely contributed to this.

A series of attacks by a single dog are hardly the stuff of coincidence. It would be very interesting to see how lawyers for Nicole Robinson and Craig Snyder decide to defend Floyd. Robinson has allegedly said that she's ready to go to court to “defend Floyd's honor.”

As a New Jersey dog bite lawyer, I often see that owners of dogs involved in attacks tend to have a misplaced sense of loyalty to the dog. It's understandable to be in a state of denial when the dog that you love so much, has been involved in unprovoked aggression towards another person. It is also important to understand that you could be placing other people at risk of injuries, if you continue exposing them to your dog.

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One of the more interesting happenings in New Jersey dog bite legislation this month involved a judge who  based his decision in a dog bite appeal on his personal experience with dogs.

The dog in question, a Rhodesian Ridgeback, belonged to Robert Taffet, an orthopedic surgeon in Haddonfield. The dog bit a man, Michael Harkins, who was then required to take a total of 30 stitches on his arm. The injury left permanent scarring. In another incident involving the same dog, a 14-year-old girl was bitten by the dog as she was petting it. The victim was visiting Taffet’s home at the time. Taffet encouraged the girl not to report the matter because the dog already had a record of attacks. There had also been other complaints from people in the neighborhood about the dog’s aggressiveness.

Animal control officers in Haddonfield filed a complaint against the dog, under New Jersey's Vicious Dogs Statute. The Haddonfield Municipal Court declared the animal vicious, and ordered Taffet to install a 6-foot fence around his property, muzzle the dog and purchase $1 million in liability coverage. However, Camden County Superior Court Judge John McNeil reversed the Haddonfield court’s decision.

According to Judge McNeil, he owned a Golden Retriever, and knew them to be “passive” animals. He discounted the credibility of both the victims in this dog bite case. Harkins and the 14-year-old victim Jacqueline Castorino, according to the judge, likely provoked the dogs into an attack.

An appeals court has now reversed Judge McNeil's ruling.

Scott Grossman is an experienced New Jersey dog bite lawyer, representing injured victims of dog bites in and around New Jersey.

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A serious dog bite incident in Georgia this week critically injured an eight-year-old girl. The attack has also led to louder calls for breed specific legislation  in the state.

Earlier this week, eight-year-old Erin Ingraham was playing in the yard at her Atlanta home when she was attacked by two Staffordshire Terrier dogs. Animal control officers were able to get the dogs off the little girl. One of the dogs was shot and killed in the scuffle, while another has been caught, and is likely to be euthanized. 

The attack was vicious, and Erin suffered serious injuries. She continues to remain in intensive care, and has undergone several surgeries since the attack. Obviously, Erin is looking at a long, traumatizing and painful recuperation. My prayers are with the little girl, and I hope that she makes a speedy recovery.

Meanwhile, the viciousness of the attacks have spurred calls for stronger dog bite legislation in Georgia. Georgia‘s dog bite laws don't allow for strict liability in a dog bite case. That means that when a bite incident occurs in Georgia, the dog must have been involved in a previous attack for the owner to be held liable. In comparison under New Jersey's strict liability laws, an owner can be held liable for the injuries caused by his dog even if it was the very first dog bite incident involving the animal.

In Georgia, the attack on Erin has led to at least one legislator calling for a ban on violent animals, or at least some kind of restrictions on violent breeds.

Scott Grossman is a New Jersey dog bite lawyer, representing injured victims of dog bites in Monmouth, Bergen, Passaic and Ocean Counties, and across the state of New Jersey.

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The University of Alabama in Birmingham is conducting a study to determine the effectiveness of a software training program in teaching children about safe interaction with dogs.

The study will involve giving the children a software program called the Blue Dog, developed by the Blue Dog Trust in the United Kingdom. The program features a series of instructions for little children to be safe around dogs and avoid possibly antagonizing behaviors around these animals. The children will then be tested with a live dog to study how much they have absorbed the instructions given in the program. If it is found that the children have learned a lot about safe interactions around dogs from the Blue Dog program, then it could help in preventing at least some of the thousands of dog attacks involving children every year. 

Many dog attacks involve children who unwittingly provoke the animal by pulling the animal’s ears, or teasing it. Children are the most frequent victims of dog bites in the United States. According to the Centers for Disease Control and Prevention, every year there are more than 4.5 million dog bite incidents occurring in the country. Of these, an overwhelming majority involve little children between the age of five and nine. Children of this age group are not only more likely to be involved in the bite incidents, but are also more likely to need medical attention for their injuries. Teaching children to be safe around dogs is a big part of preventing these attacks.

Scott Grossman is a dog bite lawyer in New Jersey representing injured victims of dog bites around the state of New Jersey.

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Normally, an attack involving an orca would not find a place on this blog, but as a dog bite lawyer in New Jersey who frequently comes across serious and even fatal attacks involving man's best friend, I have to express my surprise that anyone thought an attack like this was completely impossible.

Tilikum, the 12,000 pound, 22-foot killer whale is just about everywhere on the news. This week, the orca pulled its trainer Dawn Brancheau into its tank, and thrashed her violently from side to side. The trainer died of traumatic injuries. This wasn't the orca’s first brush with death. He has been named in at least two previous fatalities. In the first one, he was among a group of three whales which attacked a trainer who fell into the pool at a park in British Columbia. In the second incident, Tilikum was linked to the death of a 27-year-old man who is believed to have sneaked into the orca tank. The man was found dead on the whale’s back the next day.

That anyone is stunned at this attack is a matter of surprise to me. Whether you're talking about killer whales, or a chimpanzee, or your pet dog, you're dealing with animals, and animals are unpredictable. Tilikum was one of the largest killer whales in captivity, and has lived in captivity since he was two years old. That makes it all his life in training. That didn’t stop the orca from killing its trainer. It's insane to blame the whale here. It is also important to understand that when you are in proximity to animals, there is always going to be the risk of an attack.

As a dog bite attorney in New Jersey, I see this all the time. Owners who have raised a dog for years will express surprise when an attack occurs. Animal behavior is unpredictable, and there is much that we have to learn about what makes them tick and what sets them off. Until that happens, it’s the responsibility of human beings to exercise care and take precautions with the animals under their charge and care, whether it is a 22,000 pound orca, or a pit bull.

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A slightly unusual dog bite incident occurred at Dulles international Airport in Virginia this month. A four-year-old child was attacked and bitten by a Customs and Border Protection dog.

The attack occurred in the baggage claim area. Customs and Border Protection personnel say they're not sure why the dog attacked the child. However, it seems that the dog bit the girl on the abdomen, leaving her with serious lacerations. The girl's mother tries to pull the dog off her child, but failed. The dog's handler also tried break up the attack, but was unsuccessful. The dog had bitten into the child's abdomen, and just wouldn't let go. The little girl had to be rushed to a local hospital for treatment. She received close to 20 stitches on her abdomen.

According to Customs and Border Protection personnel, incidents involving dog bite attacks are relatively rare.

Any dog bite incident that involves children always touches me personally. As a father and New Jersey dog bite attorney, I feel for parents whose children suffer through a terrifying dog attack. For a four-year-old child, any dog bite incident is terrifying. Children are more vulnerable to dog bite incidents because of their trusting nature and small size. Larger breeds or more aggressive ones, are likely to consider little children as toys, or even worse, prey. In fact, most dog bites in the United States involve children between the age of five and nine.

No matter what the circumstances of this particular attack, it seems highly likely that there was negligence at some level here.

Scott Grossman is a New Jersey dog bite lawyer representing injured victims of dog bites in Monmouth County, Bergen County, Passaic County, Ocean County and across the state of New Jersey.

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This tragic story affected me not just as a dog bite lawyer in New Jersey, but also as a parent. It’s beyond horrific, and I hope that it gives parents more pause for thought as to the kind of interaction they encourage between their pets and their infant children.

The incident occurred in Minnesota. A 10-day-old baby was killed in an attack involving the family pet, a Siberian Husky. The baby was apparently at home in the car seat. the dogma attacked the baby, leaving the child with serious head injuries. Emergency responders did try to revive the baby but they failed. By the time emergency responders arrived, the baby had stopped breathing. 

Apparently, the baby was alone in the room when the bite occurred. There were other members of the family present in the house, but no was at the scene when the bite occurred. There seems to be many details of this attack that are still to come out. However, for now, it’s hard enough to deal with the fact that an innocent baby has died a horrific death.

It brings home to all, including dog lovers and dog bite lawyers in New Jersey that so much of having a dog at home is about responsible ownership. The need for responsible dog rearing practices is epically important when you have just welcomed a new baby into the family. I am not sure how long this dog had been with the family, but it seems strange that they thought it fit to leave a dog alone with a baby if that’s indeed what they did. The family members haven’t spoken out yet about this, and I will not make any assumptions about what happened here.

I will however, offer readers a great resource from the American Humane Society to help dog owners who are preparing for the joyous arrival of a baby into the home

Helping your dog cope with the new arrival

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Residents of an apartment complex in Hoboken, New Jersey where a pit bull attacked three people are concerned about the presence of these breeds in their building.

The attack which occurred earlier this month, involved a pit bull that bit a total of three persons in an apartment. The victims included the dog's owner, her friend and another person who happened to step into the apartment. The three were injured seriously enough to require a visit to the hospital.

It was a horrific attack by any standards, and its severity can be judged by the fact that a team of Hoboken police officers as well as a Port Authority Police Emergency Service Unit were dispatched to the scene. The male pit bull in the attack was shot by police officers only after he had lunged at the third and last victim. Meanwhile, residents at One Independence Court, the building where the attack occurred, have begun to speak out about the presence of other pit bulls in the building, and their concerns that there may be more attacks.

This attack also has brought out strong reactions from both sides of the fence. Pit bull owners insist that these attacks do not reflect on the overall nature of the breed they believe is strong and gentle. Unfortunately however, the fact is that we see an inordinate number of serious attacks involving such breeds. No one denies that other breeds can just as easily attack, but those attacks rarely end in such horrific and serious injuries. Out of the three victims here, for instance, two needed surgery as part of their recovery.

Scott Grossman is a New Jersey dog bite lawyer representing injured victims of dog bites in Monmouth, Ocean, Passaic and Ocean counties and across the state of New Jersey.

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As a New Jersey dog bite lawyer serving dog bite victims in Monmouth and Bergen Counties, I track dog bite stories not just in the state of New Jersey but across the nation. This one particularly stuck out.

A 15-year-old high school student in Chicago had her hand severely mauled by a pit bull that was being walked by its owner. The victim Girthamarie Gary was walking to a library with her little sister when the two came across a woman walking her dog on a leash. As Girthamarie passed the dog, it attacked her hand.  The attack lasted 5 minutes, and when it ended, the tip of Girthamarie’s ring finger was missing, and her little finger barely hanging by some fragments of tissue and bone.

What happened next was shocking to Girthamarie, but not so surprising to New Jersey dog bite lawyers who frequently see such instances of bad and irresponsible ownership. The dog owner simply grabbed her pooch, turned around and fled, leaving Girthamarie seriously injured on the sidewalk. The young girl has had a metal pin inserted though the length of her middle finger to help the tissue in the finger grow back. She has been forced to sit out school activities and sports because of her bandaged hand. The hand is numb most of the time, except when she bangs it against something causing severe pain.

After the attack, the alleged owner of the dog, Catina Jones was given a ticket for failure to have a city license for her dog.  But, she denies that she was walking her dog during the alleged attack on Girthamarie.

Raising a pet dog is not a hobby to take lightly, but a serious responsibility. If you can’t afford the time or the resources to care for your pet - make sure that it gets its daily dose of exercise, socialize it and take care of all the licensing, vaccination and other formalities that come with raising a dog – I would advise you not to get a dog at all. Not only is it extreme cruelty to an animal which may act out  in the absence of training and socializing, but it could also place you at liability when a Monmouth County dog bite lawyer names you in a claim arising from a dog bite.

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New Jersey dog bite attorneys frequently come across cases of serious injuries in a dog bite attack. However, a recent attack in Virginia involving a woman who was fatally bitten by a dog, has highlighted the not-so-obvious- dangers from these bites.

According to news reports, the woman, who has been identified as Theresa Ellerman, was visiting a home in Norfolk when she was attacked by an Alaskan malamute. The woman was bitten on the neck, and soon after, began to experience respiratory problems. She died about an hour later. According to police, the dog did not maul Ellerman, but bit her at least once. The animal is under quarantine, and so far, no charges have been filed. The death has been ruled as accidental. The medical examiner has confirmed that Ellerman died from a dog bite to her throat.

This tragic incident is proof of how even an attack involving the warmest and most affectionate family dogs like Alaskan malamutes, can be serious enough to kill an adult. When you hear the terms “dog bite” or “dog attack,” you think of one or more than one ferocious dogs, attacking a person in a full-on violent assault. This case seems to have been different. There were bites on the throat, and death occurred within a couple of hours.

It just goes to show that even owners of dog breeds which are not typically considered aggressive, must exercise caution while having their dog among strangers. It’s impossible to accurately predict animal behavior, and there are hundreds of dog bites every year that can be traced to seemingly harmless family dog breeds, like Pomeranians. The fact is that dog owners have the responsibility to make sure that their dog does not bite or harm others, no matter what the size or breed.  

Scott Grossman is a New Jersey dog bite lawyer, representing injured victims of dog bite attacks in Monmouth, Bergen, Passaic and Ocean Counties and across the state of New Jersey.

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As New Jersey dog bite lawyers often see, older people and children are more likely to be severely injured and traumatized by dog bite attacks. That’s why the case of 70-year-old Maria Zaldana who was attacked by a pair of pit bulls earlier this month was particularly heart rending for me.

Zaldana was apparently walking along a street on her way to her job at a florist’s in Bayonne, Hudson County, when she saw the dogs sitting on a porch. According to her friends, Zaldana is afraid of dogs, so she decided to cross the street. However, the dogs began to follow her, and soon attacked her. Zaldana suffered facial and leg injuries, and was left with portions of her scalp and skin ripped off. She was first taken to the New Jersey Medical Center and later taken into the University of Medicine and Dentistry of New Jersey in Newark.

The owner of the dogs was out of town, and had apparently given the dogs to a relative to watch them. The dogs seem to have escaped from the friend’s house. The animals have been put down.

The dog owner, Jessica Manno  is now facing charges. The entire tragic incident has quickly turned into a shockingly insensitive finger pointing exercise with one of the owners of the pit bulls, co-owner Jason Reid blaming Zaldana.  Reid who says he owns the dogs along with Manno, is blaming Zaldana for provoking the dogs into an attack.

It begs the question - why would a 70-year-old woman who was afraid of dogs provoke not one, but a two pit bulls into attacking her? Unfortunately, as a Monmouth County dog bite lawyer, I see this sort of denial or lack for sensitivity -call it what you will - by dog owners very often.

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It seems to be the month for celebrity pooches displaying bad behavior. This month, singer Jennifer Lopez and her husband were sued over a dog attack on a stewardess. Also this month, former NY Jets quarterback Joe Namath had his dog declared dangerous. The dog, a Labrador Retriever named Leo has apparently bitten three people in a period of two years.

Leo must now be muzzled and leashed when he goes out for a walk, and he is no longer allowed to roam the yard outside his owner’s home. When unleashed, he must be placed in a secure enclosure, and must be locked up when Namath has company. Namath must also place a dangerous dog sign on his property. Leo will also have to wear a special dog tag designating him as a dangerous dog.

Every year, an animal control officer will visit the home to ensure compliance.  If Leo bites another person, he could be declared vicious, and put down. According to Namath’s attorney, he may appeal the sentence. 

Namath’s dogs have been linked to several reports of attacks since 2007.

• In May 2007, a UPS driver was attacked by a bunch of dogs on the property. Leo was apparently one of the dogs that bit the driver.
• In February 2009, a contractor working on the house was attacked and bitten on the wrist.
• In May 2008, a home nurse was bitten by one of the dogs.
• In August, a landscaper became the most recent victim of a dog bite on the property.

However, Namath has never admitted that his dogs ever attacked anyone. As a New Jersey dog bite lawyer, that doesn’t surprise me one bit. I often see dog owners continue to remain in a state of denial for days and weeks after an attack has occurred.

It’s also encouraging to see how Palm Beach County authorities have handled the situation. Earlier this year, the county made it possible for a dog to be declared dangerous if it attacked just one pet, instead of the earlier two. Animal control officials are also developing a website that will allow residents to see how close they live to a dangerous dog.

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As a dog bite attorney primarily taking on cases in New Jersey, I also keep abreast of what’s happening on the dog safety front in the rest of the country. I came across this report from Massachusetts, where there apparently has been an increase in the number of dog bite attacks in 2009. In fact this year, the number of victims who had to be rushed to emergency rooms because of dog bites was the highest in years.

Across the state, there was a 19.7 percent increase in the number of dog bites that ended with victims having to be hospitalized.  As recently as the 8^th of November, a 77-year-old woman had to be rushed to the hospital after she was severely attacked by a bulldog.  The dog had bitten another woman just two weeks before it attacked the elderly woman, and has since been euthanized. The woman had to be hospitalized for 8 days.

According to animal experts, it’s hard to understand why dog bite attacks have increased this year. Some experts speculate that the trend of buying dogs at online pet stores has contributed to this spike in attacks. While an offline pet store will try to match the breed of dog to your requirements, there is none of this filtering when you go online to pick up a pet dog. Very often, dogs that end up in online pet stores have behavioral problems. These issues could cause a drop in their price, and so, owners bundle them off online, where a potential buyer has no way of confirming the history of the dog. He might expect a loving family pet, but may end up with an animal with aggressive tendencies.

As a New Jersey dog bite lawyer, I would encourage people to avoid buying pets from online stores, where you have little way of confirming the dog’s behavioral history before it ends up in your home.

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I came across this story as I was getting my daily dose of dog safety and injury news from New Jersey and around the country. Actress/pop star Jennifer Lopez and her singer husband Marc Anthony are being sued for $3 million after their dog attacked a stewardess on a plane.

The stewardess, Lisa Wilson says she was attacked by the military-trained guard dog named Floyd, as she was heading toward the star couple carrying some cutlery. Wilson alleges that she heard Floyd growling and the dog then lunged at her. Wilson fell to the floor, and sustained serious back injuries.

Meanwhile, the veterinarian who has been hired by Wilson’s dog bite lawyers, says that the guard dog was dangerous because of his military training, and that Anthony was probably aware that the dog could be dangerous. According to Wilson, she was told to be careful while around Floyd, and not to make any eye contact with him. In fact, even Anthony’s own daughter was instructed not to look into the dog’s eyes. This shows that Anthony was aware that the dog was not entirely safe in the presence of people. The veterinarian says the dog should have been counseled to blunt some of its aggressive tendencies.

Nothing in Floyd’s behavior suggests that he was a warm and family pet who should have been allowed unleashed among strangers. We can expect a passionate defense of Floyd as the Lopez/Anthony lawyers try to present the pooch as a friendly and safe pet.

It’s not surprising to see that celebrities are just as clueless about responsible dog ownership as some of the owners New Jersey dog bite lawyers frequently across.

Scott Grossman is a New Jersey dog bite lawyer, representing injured victims of dog attacks in Monmouth, Bergen, Passaic and Ocean Counties, and across the state of New Jersey.

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I recently came across this article in the Telegraph about the growing numbers of families in the UK choosing to rear wolf dog breeds. Veterinary experts in the country are warning that this growing number of wolf dog hybrids could be a danger, especially to children who are looked upon as prey by these breeds.

In fact, according to representatives of the Royal Society for the Prevention of Cruelty of Animals, these wolf dog hybrids may be likely to express their naturally wild behaviors inside a home, placing young children at potential risk of an attack. In the UK, recent changes in the laws now allow these hybrid breeds to be raised without a license, as long as the dog is at least three generations removed from the wolf. The change in the law has led to an increase in the number of people rushing to buy these wolf dog pups which can cost up to 5000 pounds, or other wolf breeds like the Saarloos, which is derived by mating a German Shepherd with a timber wolf, and the Czechoslovakian wolf dog, which is a cross between a German Shepherd and a Carpathian wolf.

Last month, I discussed an ongoing controversy at a New Jersey town, after a pack of wolf dogs escaped from the owner’s home, and ran loose on the streets. The dogs didn’t attack anyone, but there have been calls for a ban on the raising of these breeds in the town.

The risk of danger from a wolf dog depends on how much of the “wolf” there is in the dog. It’s fair to assume that the “wilder” the hybrid, the more dangerous it can be, especially towards children. Wolves in the wild live in a social structure that is based on a hierarchy of dominant wolves. Including animals with traces of such traits in their genes may be undesirable for families with kids.  Raising wolf dog hybrids also requires special training techniques that may differ from regular dog training methods. Raising these dogs can be a much more time consuming time activity, than caring for regular breeds, and unless, you’re willing to invest the time and effort it’s going to take to train your wolf dog, I wouldn’t advise these  hybrids as family pets.

Scott Grossman is a New Jersey dog bite injury lawyer representing victims of dog bites and attacks in Monmouth, Bergen, Passaic and ocean Counties and across the state of New Jersey.

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Officials in Holland Township in Huntingdon County have delayed a vote on whether to ban wolf hybrid dogs. The ban was proposed after 6 wolf dogs from a pack of 14 escaped from their owner’s property in September. Under the proposal, the owner will be given 30 days time to remove his wolf dogs from Holland Township, or face fines.

On September 6^th, the wolf dogs escaped through what police believe was a damaged fence. It was the fourth time this year that some of the dogs have escaped from the owner Cliff Zager’s home. The dogs didn’t attack any people. Of the 6 dogs that escaped, five were found within a few hours, while the fifth returned home a few days later. One of the dogs however, killed a neighbor’s cat.

Township authorities have delayed a vote while they decide what to do. Opinion is mixed. There have been locals speaking in favor of allowing the dogs to stay because they are not more dangerous than other dog breeds. However, Cliff Zager’s neighbors are justifiably anxious about another escape. The dogs have escaped 4 times thus far, and neighbors are worried that their children could be at risk from an attack. Several local residents want the animals banned from Holland Township.

Wolf dogs are a hybrid derived from mating a dog and a wolf. Typically, these kinds of hybrids can need more training and socialization. Much of the challenge in raising a wolf dog can depend on how much percentage of “wolf” is in the genes. Generally, the more wolf percentage the dog has, the more aggressive it may be. According to experts, wolf dogs tend to be good at escaping confined surroundings, because they need exposure to different situations and people. They may also have several features that may differentiate them from “regular” dogs. For instance, wolf dogs may not be as eager to please as a regular dog.

As of now, there is no approved Rabies vaccine for wolf dogs. What that means is that if a wolf dog is involved in a bite incident, it can be confiscated or euthanized even if it has been vaccinated properly.

As a New Jersey dog bite lawyer, I believe that the safety of a community and its children should be placed above all else.  

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The Alliance for Rabies Control and the United States Centers for Disease Control and Prevention marked World Rabies Day on the 28^th of September.

Fortunately, the US has been free of the canine rabies virus since 2007, mainly due to mandatory vaccinations and licensing standards. However, even though dogs may not contract the virus from another dog, they may still be at risk of contracting the virus from skunks, raccoons and other carriers, which is why owners are still required to vaccinate their dogs.

Although rabies may not be a major issue after a dog bite, you will still need basic first aid for the wound.  You may also need antibiotics, and your doctor may also recommend a Tetanus shot. In case of a child dog bite victim, it's best to seek immediate medical attention. This is especially true if the dog bites are located on the face, head or neck. If the dog can be traced to an owner, vaccination records will show whether it was vaccinated or not. However, in case of a dog that attacks and flees the scene with no owner nearby, and no way of tracing the owner, then your doctor may suggest a rabies vaccine.

According to the Centers for Disease Control and Prevention, an estimated 4.5 million people every year suffer dog bites. One in five of these will be injured severely enough to require medical treatment for their injuries.   Not surprisingly, children are at a higher risk of serious injuries in a dog bite attack.  Adults aren’t completely safe either. In August, an elderly couple in Georgia was mauled to death by a pack of dogs owned by a single owner.

In New Jersey, dog owners are liable for any damages caused by a dog bite involving their pet, even if their dog has never previously showed any signs of being dangerous or vicious.

Scott Grossman is a New Jersey dog bite lawyer representing dog bite attack victims in Monmouth, Bergen, Passaic and Ocean Counties, and across New Jersey.

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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.

Now practically speaking, could you imagine a local judge deciding to allow a dog to remain in a residence on your street after it has been declared vicious by a court of law if that dog either caused serious bodily injury or death to someone?    How would you feel going for a walk with your children anywhere near that home?  Now you and your family are at risk of being attacked and ,at a minimum, have to endure the legitimate fear and anxiety of what could happen to you or your loved ones should this dog come your way.  I can tell you from my experience in representing dog attack victims that these injuries can range from bone crushing injuries, severe lacerations to deep puncture wounds and sometimes even worse, severe psychological harm or post traumatic stress syndrome known as PTSD.  

Under the provisions of Congo’s law, the municipal court shall declare the dog vicious if it finds that the dog “beyond a reasonable doubt” killed or caused serious bodily injury to a person and “poses a continuing or future serious threat of serious bodily injury or death to a person."  So in other words, the burden of proof in these proceedings will be changed to the highest burden of proof that is only used in criminal prosecutions.  Practically speaking, how can a judge determine “beyond a reasonable doubt” if the dog poses a future serious threat of serious bodily injury or death?   Yes, believe it or not these are some of the amendments that are actually in the bill. 

It is the existing laws that are codified in N.J.S.A. 4:19-17. et seq. that already require certain procedures to be followed by animal control officers and municipal courts after a dog bite attack occurs in order to determine whether or not the dog shall be deemed vicious or potentially dangerous that need to be better enforced. I find that often times after a dog bite attack, the victim and the community’s right to be safe are too often overlooked and the vicious or potentially dangerous dog is returned back to the owner only to hold the community and the victim hostage. All too often, the same dog is a recidivist which results in another future attack or attacks.  Now we have created more victim’s whose attacks could have been easily prevented had the law been properly enforced.

 The goal of amending the current laws to more clearly define the burden of proof by the municipal courts to demonstrate the dog wasn’t provoked makes sense however; Congo’s Law goes too far by placing future human life and liberty at risk of harm.  Maybe the only good to come out of Congo’s repeated attacks is that it will raise awareness to the public of the importance of strict enforcement of the procedural requirements by our municipal officials of the current dog bite laws.
       

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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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