The State of New Jersey applies specific laws to child dog bite cases. New Jersey courts will take into account the age of the dog bite victim. They will factor in that a child will live longer with their injuries than an adult would and what impacts that will have on their life.
The deadline for filing a dog bite lawsuit in New Jersey is two years from the date of the incident. When the victim is a child, parents or guardians can file a case for the child. Minors also have until their 18th birthday before the statute of limitations begins in their nj child dog bite case. This means a child victim can file to recover damages until their 20th birthday.
A dog owner may not be held responsible if it is found that there was provocation. Generally, children under seven are not held liable for their actions, so dog owners cannot use this claim. Older children can be found to have played a role in the dog bite. This doesn’t mean they are ineligible for compensation, but it may depend on all of the circumstances.
In rare instances, parents can be held accountable for a child’s actions. This could happen if a parent encouraged the behavior that led to the bite or if other factors were behind the dog attack.
How a settlement is paid out can be different for a minor victim as well. In many cases, David Cowhey will advise clients on setting up a structured settlement for their child.
When your child is bitten by a dog, your family needs urgent guidance on the road ahead from a New Jersey child dog bite attorney experienced in winning compensation for dog attack cases.
Families Turn to David Cowhey And the New Jersey Dog Bite Law Firm After a Child Dog Attack Because:
The New Jersey Dog Bite Lawyer has over 40 years of experience winning settlements for child victims in dog attacks statewide. He’s known as the NJ dog bite attorney with the most six-figure settlements and won one of the largest dog bite settlements in New Jersey in a 2026 child dog attack case, settled for $1 million.
Call David Cowhey at 1 (609) 513-0627 for an urgent response to your child’s case. David is available 24/7 to respond.
No. New Jersey is a Strict Liability state under statute N.J.S.A. 4:19-16. This means the dog owner is liable for all damages if their dog bites your child, regardless of whether the dog has ever shown viciousness or bitten anyone before. You do not need to prove the owner was negligent, only that the bite occurred while your child was in a public place or lawfully on private property.
While the standard statute of limitations for personal injury in NJ is two years, the clock is “tolled” (paused) for minors. A child has until two years after their 18th birthday (until they turn 20) to file a lawsuit. However, it is highly recommended to involve a lawyer immediately to preserve evidence like animal control reports and witness statements.
In New Jersey, a parent cannot simply sign a release to settle a minor’s claim. Under Rule 4:44, the settlement must be approved by a Superior Court Judge in a proceeding called a Friendly Hearing. The judge reviews the facts, the medical reports, and the settlement amount to ensure it is fair and solely in the child’s best interest.
The settlement funds do not go to the parents. By law, the net proceeds (after legal fees and medical bills) are typically deposited into the County Surrogate’s Court Intermingled Trust Fund or a court-approved structured settlement annuity. The funds are held in trust and earn interest until the child turns 18, at which point they can petition to withdraw the money.
You are generally required to report the bite to the Local Health Department within jurisdiction (often within 12–24 hours). The dog must typically be quarantined for 10 days to observe for rabies, even if vaccinated. You should also file a report with the local municipal police or animal control officer to create an official paper trail of the attack.
Potentially, but this falls under negligence (common law) rather than strict liability. Unlike the dog owner, a landlord is not automatically liable. To win a claim against a landlord in NJ, you typically must prove the landlord knew of the dog’s dangerous propensities and failed to take reasonable steps to protect guests or remove the animal from the premises.
Settlements for children often focus heavily on future damages and disfigurement. Because children are still growing, scarring can worsen or require future revision surgeries (e.g., plastic surgery). NJ law allows recovery for current medical bills, future medical costs, pain and suffering, and psychological counseling for trauma (PTSD), which is common in child attacks.
It is extremely difficult to use provocation as a defense in NJ, especially against young children. Since NJ is a strict liability state, the owner’s primary statutory defense is trespassing. Unless the child was unlawfully on the property (trespassing) or firmly proven to have invited the injury through unreasonable voluntary behavior (rarely applicable to young children), the owner remains liable.
In the vast majority of cases, the compensation comes from the dog owner’s Homeowner’s Insurance or Renter’s Insurance policy, not their personal bank account. This distinction often makes it easier for parents to pursue a claim without fearing they are financially ruining a friend or relative.
A lawyer’s role extends beyond negotiation; they act as the Guardian ad Litem for the legal process. They must identify the insurance coverage, hire medical experts to project future scarring or psychological costs, navigate the complex Friendly Hearing process, and ensure the final Trust is set up correctly in the Surrogate’s Court so the funds are protected until the child reaches adulthood.