How to File a Dog Bite Lawsuit in New Jersey

Reviewed by David J. Cowhey, Certified by the Supreme Court of New Jersey as a Civil Trial Attorney · Updated October 9, 2026

Can you sue for a dog bite in New Jersey? Yes. Under New Jersey’s dog bite statute, N.J.S.A. 4:19-16, a dog’s owner is liable when the dog bites someone who is in a public place or lawfully on private property, including the owner’s own home. You do not have to prove the dog was dangerous or had ever bitten anyone before. Judges explain this rule to juries using New Jersey’s Model Civil Jury Charge 5.60A.

Most claims are paid by the dog owner’s homeowners or renters insurance, and most settle without a trial. You generally have two years from the bite to file a lawsuit. For a child, that clock usually doesn’t start until their 18th birthday.

Below are the eight steps of a New Jersey dog bite lawsuit and how long each one usually takes. For what cases are worth it, see our guide to New Jersey dog bite settlement amounts.

The 8 Steps of a New Jersey Dog Bite Lawsuit

Many dog bite cases end at step 4 or 5 with a settlement from the insurance company. A lawsuit is filed only when the insurer won’t make a fair offer, or when the two-year deadline is getting close.

Step	What happens	Typical timing
1. Get medical care and report the bite	Get treated the same day, even for a small bite, since dog bites carry a high risk of infection. Report the bite to your local health department or animal control so there is an official record.	Day of the bite
2. Gather evidence	Photograph the injuries, the location of the attack, and the dog. Get the owner’s name, address, and insurance details, plus contact information for witnesses. Keep every medical bill and record.	First days to weeks
3. Open a claim with the owner’s insurer	Your attorney notifies the owner’s homeowners or renters insurer and handles all communication with the adjuster. Avoid giving a recorded statement on your own.	First 1 to 4 weeks
4. Send a demand package	Once treatment is finished, or doctors can say what future care is needed, your attorney sends the insurer a demand with records, bills, photos, and the amount you are seeking. Scars, especially on a child’s face, may need 12 to 18 months to mature first.	Usually 3 to 12 months after the bite; longer for scarring
5. File a complaint if there is no fair offer	If negotiations stall, your attorney files a complaint in the Superior Court of New Jersey, Law Division, usually in the county where the bite happened. This is what officially starts the lawsuit, and it must be filed within the two-year deadline.	After 1 to 3 months of negotiation
6. Discovery	Both sides exchange documents, answer written questions (interrogatories) and take depositions. Medical experts may examine the injuries and write reports. Personal injury cases are often assigned a 300-day discovery period.	About 10 months to a year
7. Arbitration or mediation	Many New Jersey personal injury cases go to court-ordered, non-binding arbitration, and some go to mediation. A neutral attorney hears the case and suggests a value. Most cases settle at or soon after this stage. Either side can reject the arbitration award and ask for a trial.	A few months after discovery ends
8. Trial	If the case still doesn’t settle, a jury decides liability and damages, following the rules in Jury Charge 5.60A. Settlement talks often continue right up to the trial date.	Usually 1.5 to 3 years after filing

How long does the whole case take? A claim that settles with the insurer before a lawsuit is filed often takes 6 to 18 months, depending mostly on how long the injuries take to heal. A case that goes into litigation usually takes about 1.5 to 3 years. Every case is different, and the timing depends on the injuries, the insurance available, and how the other side responds.

Dog Bite Cases David J. Cowhey Has Won for New Jersey Families

These are a few of the dog bite settlements David J. Cowhey has obtained for clients. Several of them overcame the same defenses insurers raise in court, such as claims that the victim was trespassing or that the landlord, not the owner, should pay.

Result	County	What happened	Full case
$1,000,000	Cape May	7-year-old boy with a severe bite to the face from a relative’s dog	$1 million settlement for a child’s facial bite
$445,000	Atlantic	Pit bull attack causing a broken wrist and partial finger amputation; a dispute over who owned the dog was overcome	$445,000 pit bull attack settlement
$295,000	Cumberland	5-year-old girl with a 6 cm cheek laceration from a Rottweiler; structured settlement approved by the court	$295,000 settlement for a child’s facial laceration
$250,000	Camden	Pit bull bite at a friend’s housewarming; fractured foot bone and corrective surgery	$250,000 foot fracture settlement
$225,000	Burlington	5-inch facial scar from a pit bull while visiting a friend; the owner’s trespassing defense was defeated	$225,000 facial scar settlement
$150,000	Ocean	Severe forearm bite needing skin grafts; recovered from the landlord after two other firms declined the case	$150,000 landlord liability settlement

Prior results do not guarantee a similar outcome. Every case is different and depends on its own facts. See all of our results in the New Jersey dog bite settlements guide.

Non-Bite Injuries and the Reasonable Care Standard

Not all dog attacks result in a bite. A large, overexcited dog might jump on an elderly person, knocking them to the concrete and causing a broken hip. A dog might chase a bicyclist, causing a severe crash. For more on the types of dog bite injuries that can result, review our dog bite injuries guide.

While strict liability strongly favors the victim, dog owners do have legal defenses they can raise to reduce or eliminate their liability:

• Trespassing: If you were unlawfully on private property when bitten by a dog, the strict liability statute does not protect you.
• Provocation: If you teased, hit, cornered, or otherwise provoked the dog into attacking, the owner can use this as a defense.

New Jersey applies a “comparative negligence” rule here. If a jury determines you were 30% at fault for provoking the animal, your compensation will be reduced by 30%. If you are found to be more than 50% responsible, you cannot recover any damages.

Landlord & Third-Party Liability

One of the most significant — and most overlooked — sources of financial recovery in a dog bite case is holding parties other than the dog’s owner accountable. Under New Jersey law, liability does not stop at the person holding the leash.

Landlord Liability

If a tenant’s dog attacks someone on a rental property, the landlord may share liability if they:

• Knew, or had reason to know, that the tenant’s dog had dangerous propensities
• Had the ability to require the tenant to remove the dog or take precautions (e.g., through a lease agreement)
• Failed to act on that knowledge

This is critically important because many tenants carry little insurance or few assets. The landlord’s property insurance policy may provide a much deeper source of compensation. Animal control records, prior tenant complaints, and lease terms are all key pieces of evidence an attorney will seek out in these cases.

Other Third-Party Scenarios

Landlords are not the only third parties who can be held accountable. Others who may bear liability include:

• Dog boarding facilities or kennels where the animal was being housed
• Dog walkers or pet sitters who were in control of the animal at the time of the attack
• Property managers who are overseeing a building where the dangerous dog was known to live
• Business owners at dog-friendly commercial spaces (retail stores, restaurant patios) who failed to exercise reasonable care
• The minor is generally not the party whose assets will satisfy a claim.
• The family’s homeowner’s or renter’s insurance is typically the applicable policy.
• An attorney will identify the correct defendants to name, which is less straightforward than in a standard case.

Filing Claims Against Owners with No Insurance or Assets

Most dog bite claims are paid by homeowner’s or renter’s insurance, but occasionally a victim faces the difficult reality that the dog owner is uninsured and has few personal assets. In these situations, several avenues are still worth exploring:

1. Third-party liability — a landlord, property manager, or other party who shares responsibility for the attack
2. Workers’ compensation — if you were attacked while on the job, your employer’s carrier provides coverage regardless of the dog owner’s insurance status
3. Your own health insurance — covers immediate medical care, though your insurer may later assert a lien on any recovery (see below)
4. Enforcement of a court judgment — if the owner has property, savings, or income, a judgment can be enforced through liens, wage garnishment, or levies

Do not decide on your own that a dog owner is “judgment-proof.” An experienced attorney will conduct a thorough asset and insurance investigation that you cannot effectively run on your own.

Medical Liens & Your Dog Bite Settlement

This is one of the most misunderstood financial aspects of dog bite settlements, and failing to account for it can lead to an unpleasant surprise when your case closes.

When your health insurer pays your medical bills from a dog bite, they often have the legal right to be repaid out of your settlement — this is called a subrogation lien. An experienced dog bite attorney will:

1. Identify all active liens early in the case.
2. Negotiate directly with health insurers to reduce the lien amount (which they often will agree to).
3. Ensure the final settlement is structured so that liens are properly satisfied.
4. Protect you from personally paying co-pays and deductibles out of pocket.

Medicare, Medicaid, and private insurers all handle subrogation differently, and for government programs are strictly enforced. Mishandling a Medicare lien can expose you and your attorney to personal liability — another compelling reason to seek qualified counsel from the start.

Police K-9 Bites & Government-Owned Dogs

If you are bitten by a police K-9 or another government-owned animal, the standard dog bite statute does not apply in the same way. Instead, your claim falls under the New Jersey Tort Claims Act (N.J.S.A. 59:1-1 et seq.), which imposes several important differences from a standard personal injury case:

• 90-day notice deadline

You must file a formal Notice of Tort Claim with the appropriate government entity within 90 days of the incident — far shorter than the standard two-year statute of limitations. Missing this deadline will almost always bar your claim entirely.

• Higher threshold for pain and suffering

To recover non-economic damages, you must generally demonstrate a permanent loss of a bodily function that is substantial — a significantly higher bar than in ordinary dog bite cases.

• Different defendants

The claim is against a government entity, not a private individual, which changes the procedural landscape.

If a police dog or any government-owned animal bit you, call an experienced local New Jersey attorney to discuss carefully filing your claim. The restrictions within the filing process require in-depth knowledge of New Jersey tort law.

Cross-State Bites: Bitten in Another State, or by a Dog with an Out-of-State Owner

Because New Jersey borders New York, Pennsylvania, and Delaware, cross-border dog attacks arise frequently. Consider the following elements of cross-state dog attack cases:

• The law of the state where the bite occurred generally governs legal proceedings.

Dog bites that occur in New Jersey will generally be litigated under New Jersey law, even if the owner is from out of state. This is known as “choice of law” analysis.

• Pennsylvania uses a modified negligence standard, not strict liability.

A New Jersey resident bitten while visiting a Pennsylvania friend does not benefit from New Jersey’s stronger protections.

• Out-of-state owners visiting New Jersey are fully subject to New Jersey law.

A Pennsylvania dog owner whose dog bites someone here cannot invoke the state’s rules.

• Jurisdiction questions can be complex near the state line.

If you were bitten in or around the border, consult an attorney promptly to ensure your claim is filed in the right venue.

Types of Compensation (Damages) You Can Recover

A successful dog bite claim in New Jersey is designed to make the victim “whole” again. You can seek compensation for both economic and non-economic damages:

• Medical expenses — emergency room visits, ambulance rides, stitches, rabies shots, reconstructive plastic surgery, and physical therapy.
• Lost wages — compensation for time off work to heal, as well as loss of future earning capacity if the injury causes a permanent disability
• Pain and suffering — compensation for the physical agony of the attack and the recovery process
• Permanent scarring and disfigurement — particularly relevant if the bite occurred on the face, arms, or lower legs
• Emotional distress — lasting psychological trauma, anxiety, or PTSD requiring professional therapy

The New Jersey Statute of Limitations for Dog Bite Cases

In New Jersey, the statute of limitations for filing a personal injury lawsuit (including dog bites) is strictly two years from the date of the incident. If you fail to file within this window, your case will almost certainly be dismissed, and you will lose your right to seek compensation forever.

There are two exceptions to N.J.S.A. 2A:14-2:

• Government dogs: If a police K-9 or other government-owned animal bit you, the Tort Claims Act requires a Notice of Tort Claim within 90 days — far shorter than the standard two-year window.
• Minor victims: Children are frequently the victims of dog bites; the law pauses the clock until the victim’s 18th birthday, giving them until age 20 to file. However, parents typically file on the child’s behalf immediately to cover medical bills and preserve evidence.

Answers to Frequently Asked New Jersey Dog Bite Lawsuit Questions

Does a “Beware of Dog” sign protect the owner from being sued?

Generally, no. In New Jersey, posting a “Beware of Dog” sign does not give an owner a free pass to avoid the state’s strict liability statute. If you are lawfully on the property (such as a mail carrier or guest), a warning sign does not waive your legal right to compensation if the dog attacks you.

What if a dog attacks my pet, but I wasn’t actually bitten?

Under New Jersey law, pets are considered personal property. If another dog attacks your dog, you can file a property damage claim to recover the veterinary bills incurred to treat your pet. However, because you were not physically bitten yourself, you generally cannot claim “pain and suffering” for the emotional distress of watching your pet get injured.

What if I was bitten while trying to break up a dog fight?

If you step in to protect your own dog from an unprovoked attack by another dog and you are bitten in the process, New Jersey’s strict liability statute still applies to the other owner. However, the opposing insurance company may attempt to argue that you voluntarily assumed a risk by intervening. An experienced attorney can help navigate this specific defense.

Are there “banned” dog breeds in New Jersey?

New Jersey does not have a statewide ban on specific dog breeds (like Pit Bulls or Rottweilers). In fact, state law prevents municipalities from passing breed-specific legislation. Liability in New Jersey is based entirely on the dog’s actions and the owner’s responsibility, regardless of whether the dog is a Chihuahua or a Mastiff.

Can I get punitive damages in a New Jersey dog bite case?

It is rare, but possible. Punitive damages are meant to punish the wrongdoer rather than compensate the victim. In New Jersey, you can only seek punitive damages if you can prove the dog owner’s actions were exceptionally reckless or intentional—for example, if they actively ordered their dog to attack you, or if they repeatedly let a known, highly dangerous dog roam freely near a playground.

I work as a dog groomer/veterinary tech and was bitten on the job. Can I sue the owner?

Yes. The New Jersey Supreme Court’s landmark Goldhagen v. Pasmowitz decision affirmed that the Dog Bite Statute’s strict liability applies to veterinary and grooming professionals. However, your claim is subject to comparative negligence. Your expertise and adherence to safety warnings will be scrutinized, so it’s critical to speak with an attorney who has proven experience winning claims for canine service professionals. 

Is there a limit (or “cap”) on how much money I can get in a dog bite settlement?

New Jersey does not cap compensatory damages, which means there is no legal limit to how much you can be awarded for medical bills, lost wages, and pain and suffering. The amount you recover is typically limited only by the severity of your injuries and the limits of the dog owner’s insurance policy. Punitive damages, if applicable, have a state cap, but compensatory damages do not.

What if the dog owner claims their dog was protecting them from me?

Self-defense or defense of property is a valid legal defense. If you were assaulting the dog owner or committing a crime on their property, and the dog bit you to protect its owner, you would not be protected by the strict liability statute.

What happens if a dog bites me, but the owner grabs the dog and runs away?

This is treated similarly to a hit-and-run accident. You should call the police, seek medical attention, and get the contact information of any witnesses who saw the attack or recognized the owner. It is much harder to pursue a claim if the owner cannot be identified, but local animal control or nearby security cameras can sometimes help track down the responsible party.

Will a dog bite settlement affect my Medicaid or SSI benefits?

It might. Because Medicaid and Supplemental Security Income (SSI) are need-based government programs, receiving a sudden, large settlement could push your assets over the strict income limits, potentially disqualifying you from benefits. An experienced attorney will recognize this risk and can set up a “Special Needs Trust” to ensure your settlement money is protected without jeopardizing your essential healthcare or income assistance.

Will the dog be put down if I report the bite?

Not automatically. In New Jersey, a first bite typically results in a 10-day quarantine to monitor for rabies, not euthanasia. Only in severe cases involving a history of violent, unprovoked attacks might a court order it under the New Jersey Dangerous Dog Act.

How much does it cost to hire a dog bite lawyer?

Nothing upfront. The New Jersey Dog Bite Lawyer works on a contingency fee basis: attorney fees are one-third of the net recovery (25% for minor victims), and all case expenses are advanced by the firm. If there is no recovery, you owe nothing.

Book a Free Consultation with David Cowhey – 40 Years’ Experience and More Six-Figure Dog Bite Settlements Than Any Lawyer in New Jersey

David Cowhey has spent over 40 years doing one thing: winning dog bite cases in New Jersey. He has secured more six-figure recoveries than any other attorney in the state — including a $1,000,000 settlement for a child bitten in the face and $500,000 for an arson investigator attacked by a K-9. He is certified by the Supreme Court of New Jersey as a Civil Trial Attorney, an honor held by fewer than 3% of lawyers in the state.

When you call, you speak directly with David — not a receptionist, not an intake coordinator, not a paralegal. He gives every client his personal cell number.

There is no cost, no obligation, and no risk. David works entirely on contingency. If you don’t win, you pay nothing. Not a dollar.

Book your free consultation or call when you’re ready, 24/7, at 1 (609) 513-0627.