Dog Bite Liability

Dog bites can be serious, leading to painful injuries, infections, and even long-term trauma. If you or a loved one has been bitten by a dog in New Jersey, you may be wondering who is responsible for the attack and what legal rights you have. New Jersey has clear laws regarding dog bites; understanding them is essential for both victims and dog owners.

New Jersey’s Strict Liability Law

New Jersey follows a strict liability rule when it comes to dog bites. This means that a dog owner is automatically responsible if their dog bites someone, regardless of whether the dog has bitten before or if the owner took precautions. Under New Jersey Statute N.J.S.A. 4:19-16, a dog owner is liable for damages if:

The person was lawfully on private property or in a public place when the bite occurred.
The bite directly caused injuries to the victim.

Unlike some states that follow a “one-bite rule”—which only holds the owner responsible if the dog has a known history of aggression—New Jersey does not require proof that the dog was dangerous. Even a first-time bite makes the owner liable.

When is a Dog Owner Not Liable?

While strict liability applies to most cases, there are a few exceptions where an owner might not be responsible for a bite:

If the victim was trespassing – If someone unlawfully enters private property and is bitten, the owner may not be held liable. For example, if a burglar enters a fenced backyard and is bitten by a dog, the law does not protect them.
If the victim provoked the dog – If the victim taunted, hit, or otherwise provoked the dog, they may be found partially responsible for their injuries.
If the injury was not a bite – New Jersey’s strict liability law applies only to bites. If a dog knocks someone over and causes injury, the victim would have to prove the owner was negligent.

Comparative Negligence and Dog Bites

New Jersey also follows the comparative negligence rule, which means that if the victim shares some responsibility for the bite, their compensation may be reduced. For example, if someone was teasing or bothering a dog before it bit them, a court may determine that they were partially at fault. If the victim is found to be more than 50% responsible, they may not be able to recover damages at all.

Damages You Can Recover After a Dog Bite

A dog bite can lead to significant medical expenses and other damages. In New Jersey, victims of dog bites may be entitled to compensation for:

Medical expenses (hospital bills, surgeries, medications)
Lost wages (if the injury prevents the victim from working)
Pain and suffering (physical and emotional distress)
Scarring and disfigurement (permanent damage from the bite)
Psychological trauma (such as anxiety or PTSD after the attack)

Many dog bite cases are settled through homeowner’s insurance policies, but some may require legal action if the owner refuses to accept responsibility.

Why You Should Consult an Attorney

If you have been bitten by a dog, consulting an experienced personal injury attorney like Andrew Maze is essential. While New Jersey law is clear about owner liability, insurance companies often try to minimize payouts or argue that the victim was partially at fault. An attorney can help you:

Gather evidence (such as medical records, witness statements, and photos)
Negotiate with insurance companies for fair compensation
File a lawsuit if necessary to recover damages
Understand how comparative negligence laws may impact your case

Since dog bite claims can be complicated, speaking with an experienced attorney like Andrew Maze can ensure that your rights are protected and that you receive the compensation you deserve.