The law governing dog bites in New Jersey is found in a statute enacted by the New Jersey legislature and caselaw interpreting that statute. New Jersey Statute 4:19-16 reads:
“The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.”
In plain terms, the law provides that a dog bite victim may recover against a dog owner as long as he/she was lawfully on the property where the bite occurred and the victim did not provoke the dog in any way. It is called “strict liability” which means that the dog owner is responsible regardless of fault and whether or not the dog owner was aware of the dog’s dangerous propensities before the bite happened.
New Jersey Dog Bite Laws Support Victims
New Jersey dog bite laws are, therefore, very favorable to a dog bite victim. Dog bite victims can recover costs and damages associated with their dog bite. This can include emotional trauma, lost wages for time off work, medical bills, and other expenses incurred as a result of the dog bite.
Responsibility for Paying Dog Bite Claims
If a dog owner is covered by homeowner’s insurance then the claim is generally handled directly with the insurance carrier. If the dog owner is a renter, a recovery is still possible, but the case becomes more difficult. In such a case where the renter/dog owner is not insured, the victim will generally proceed with a claim against the landlord and must present evidence that the landlord knew or, in the exercise of reasonable judgment, should have known of the animal’s dangerous propensities. In that instance the strict liability standard of liability does not apply.
Contact The New Jersey Dog Bite Lawyer
If you have been the victim of a dog bite anywhere in New Jersey call (609) 513-0627 or message online for a fuller explanation of New Jersey dog bite laws. David J. Cowhey is available 24/7 for a free consultation of the specific facts of your case. He will use his 30 plus years of experience and expertise in New Jersey dog bite law to recommend the next steps to take for your dog bite claim.
Originally published July 7, 2015
