Client: Insured homeowner in Garfield, NJ
Court: Bergen County Superior Court, Hackensack, NJ.
Trial Attorney: Christopher J. Hoare, Esq.
Brief Attorney: Christina M. Dewland, Esq.
**Results may vary depending on your particular facts and legal circumstances**
Plaintiff Miller was a former neighbor who returned to the insured’s neighborhood for a surprise visit, after moving away approximately six (6) months prior. Plaintiff and the insured were not friends, never socialized, nor did any activities together. They were just acquaintance neighbors. Plaintiff did not have the insured’s phone number, so she did not call him to make him aware of her visit. The insured who had no idea that Plaintiff was coming over, had no interactions with Plaintiff in the last six (6) months since she had moved. It is noteworthy that Plaintiff had never been in the insured’s home, had never been invited over to the insured’s home, and was never told she could come over unannounced. Plaintiff was familiar with the insured’s Pitbull and believed the dog to be unfriendly.
On the date of the accident, Plaintiff went to the insured’s home unannounced and knocked loudly on his front door. Getting no answer, Plaintiff alleges she then commenced banging on the front window and vinyl siding of the insured’s home yelling his name in a loud voice as she made her way to the rear gate to the backyard. The insured’s entire Property was fenced with a chain link fence and a secured front gate. In addition, the backyard was surrounded by a 6 foot high white vinyl privacy fence with a locked gate and warning signs saying “WARNING. GUARD DOG. NO TRESPASSING.” In addition, on the date of accident, there were locks and chains on both gates and fences. The insured’s warning sign on the gate to the rear yard measured 18” by 20” and included a large red typeface. On the date of the accident, both gates to the insured’s Property were closed, latched, and secured by chains.
Plaintiff proceeded into the insured’s backyard, ignoring warning signs, lifted a safety chain, unlatched the lock securing the gate in its closed position, and entered the back yard without knowing where the insured’s dog was located. The insured’s Pitbull subsequently bit Plaintiff’s forearm, knocking her to the ground and breaking her teeth. Plaintiff sued the insured under the New Jersey Dog-Bite Statute [NJSA 4:19-16]. Under this statute, a dog owner is strictly liable to any person his/her dog bites, regardless of the viciousness of the dog (if all elements are met).
After a four day trial, the jury unanimously determined that Plaintiff was a trespasser in the insured’s backyard and therefore, the Dog Bite Statute didn’t apply. Verdict in favor of the Defense.
