New Jersey Dog Bite Lawyer

Under N.J.S.A. 4:19-16, the owner of a dog that bites a person is liable for the damages, regardless of whether the dog was ever vicious before or whether the owner knew of it, if the person bitten was in a public place or lawfully on private property, including the owner’s. A person is lawfully on the owner’s property when invited, expressly or by implication, or when there to perform a duty under state or federal law or postal regulations. The statute covers bites; other dog-caused injuries follow different rules.

Not for a bite covered by the statute. New Jersey does not follow a “one bite” rule for bites: the dog’s history and the owner’s knowledge are irrelevant to liability under N.J.S.A. 4:19-16. Knowledge does matter when the injury was not a bite, when the person was trespassing, or when the claim is against someone other than the owner, such as a landlord.

Damages can include past and future medical care (emergency treatment, surgery, scar revision, infection treatment and counseling), lost wages and earning capacity, pain and suffering, scarring and disfigurement, and loss of enjoyment of life. If the person bitten was partly at fault, the recovery can be reduced, or barred if their fault was greater than the defendants’ combined (Goldhagen v. Pasmowitz, 2021; N.J.S.A. 2A:15-5.1).

Generally two years from the date of the bite (N.J.S.A. 2A:14-2(a)). For a child, the two years generally run from the 18th birthday (N.J.S.A. 2A:14-21). If a public entity or public employee may be responsible, a notice of claim may be due within 90 days. Evidence such as wound photos, witness memories and animal-control records is easier to secure early.

The statute covers bites in a public place, such as a park, street or sidewalk, as long as the bite happened there; you do not need to show the owner knew the dog was dangerous. The owner’s identity matters, so get the owner’s name and contact information, and the names of witnesses, before leaving.

Usually yes. A child invited to a neighbor’s home is lawfully on the property, and the statute makes the dog’s owner liable for a bite. Children under seven are rebuttably presumed incapable of negligence (DeRobertis v. Randazzo, 1983). The claim is normally paid through the owner’s homeowner’s or renter’s liability insurance, if any.

Comparative negligence applies to the dog bite statute (Goldhagen v. Pasmowitz, 2021), so the owner can argue your conduct contributed. Warnings, experience handling dogs, knowing exposure to danger and alleged provocation can matter. The conduct and circumstances must be assessed under the current comparative-fault framework; neither an allegation of provocation nor permission to pet the dog decides the case by itself.

Often, but not always. Many homeowner’s and renter’s policies include liability coverage that can pay a dog bite claim, but limits, exclusions and breed restrictions vary from policy to policy. We identify the owner’s coverage early and deal with the insurer, which will begin its own investigation quickly.

(1) Get medical care: bites can cause serious infections and rabies exposure must be assessed. (2) Notify the local health department where the animal is located, as the New Jersey Department of Health advises; a local board of health can order the biting animal confined for at least 10 days (N.J.S.A. 26:4-82). (3) Photograph the wounds, your clothing and the place it happened, and keep photographing the healing. (4) Get the owner’s contact, insurance and vaccination information. (5) Get witness names. (6) Keep all medical records and bills. (7) Talk to a lawyer before giving a recorded statement to an insurer.

Possibly, but not under the strict-liability statute unless the dog bit you. Injuries from a dog jumping, scratching or knocking someone down are governed by the common law: you generally must show the owner knew of the dog’s tendency to act that way, or that the owner was negligent in controlling it (Jannuzzelli v. Wilkens, 1978). Whether an injury counts as a bite is a factual question, so tell us exactly what happened.

Deep puncture wounds that need stitches or surgery; facial injuries and permanent scarring, especially in children; hand, finger and arm injuries with nerve or tendon damage; infections; fractures from being knocked down; and psychological effects such as fear of dogs that may need counseling. Scarring and nerve damage often take months to assess, which is one reason not to settle early.