When a dog suddenly attacks and bites, an innocent interaction can turn into serious injuries. Beyond the immediate physical trauma, questions may arise about who is responsible and if your medical bills will be covered. With New Jersey’s strict liability laws, dog owners are generally responsible for dog bites.
When Are Dog Owners Strictly Liable for Bites in New Jersey?
New Jersey holds dog owners strictly liable for bites under N.J.S.A. 4:19-16. This means if a dog bites you, the owner is automatically responsible for damages, even if the dog didn’t have a history of aggression or previous bites. Unlike many states that follow the “one bite rule,” giving dogs a free first bite, New Jersey’s strict liability law holds owners accountable from the first incident. In these cases, you don’t need to prove the owner was careless or negligent, as the bite itself establishes liability.
This strict standard applies if you’re bitten in a public place or while lawfully on private property. The law recognizes that dog ownership comes with inherent responsibilities, and owners must accept the consequences when their pets harm others.
Attacks vs. Bites: Different Legal Standards
While dog owners face strict liability for bites, the legal landscape changes for other types of attacks. If a dog knocks you down, causes you to fall, or injures you without actually biting, New Jersey courts typically apply traditional negligence standards rather than strict liability.
In these non-bite cases, your claim must prove the owner failed to exercise reasonable care. This may involve showing the dog wasn’t properly leashed, the owner wasn’t supervising the animal, or the owner knew about the dog’s aggressive behavior but failed to take precautions.
When Strict Liability Doesn’t Apply to Dog Bite Claims
Even under New Jersey’s strict liability statute, dog owners aren’t automatically responsible in every bite situation. Key exceptions to this rule include the following:
- Trespassing: If someone is unlawfully on the owner’s property when bitten, strict liability may not apply. However, the owner could still face negligence claims depending on the circumstances.
- Provocation: If the person bitten was teasing, hitting, or otherwise provoking the dog, this can reduce or eliminate the owner’s liability. Courts examine whether the victim’s actions directly contributed to the attack.
- Comparative fault: New Jersey uses a modified comparative negligence system, which means if the victim shares blame for the incident, their compensation may be reduced proportionally to their degree of fault. Anyone over 50% responsible cannot collect any damages.
