Guide to New Jersey Dog Bite Laws and Compensation

Can you get compensation after being bitten by a dog?

Is Fido really man’s best friend (as they say)? 

Sure, sometimes. We have pets we love, from little fish that swim in circles all day to dogs, cats, and maybe guinea pigs or hamsters. 

But canines are particularly popular in New Jersey, which reportedly has 1.7 million dogs. 

And while people have dogs for fun, companionship, or protection, a dog owner is also responsible for keeping others safe from harm.

New Jersey dog ownership laws

A dog who is seven months old or older must be licensed annually with the clerk of the municipality where the owner lives. 

The owner must show proof that the dog has received its rabies vaccination and that it’s been maintained up to date to renew licensing. Municipalities set their own rates for licensing; in Jersey City, for instance, it is as low as $10 per year if the dog is spayed or neutered. 

Some municipalities have a limit on the number of dogs a person may own.

New Jersey dog bite laws

It’s one thing to own a dog. But it’s another story if your dog bites someone. Each state has its own dog bite laws. In New Jersey, this falls under New Jersey Statutes § 4:19-16.

A dog’s owner is liable for a dog bite to another person, regardless of whether the dog has any prior indications of viciousness.

This applies if the victim is in a public or private place where they are lawfully permitted to be.

New Jersey strict liability law

A strict liability statute says that a dog’s owner is legally responsible (liable) for an injury from a dog bite, even if the owner was not negligent. 

A dog bite lawsuit would fall under the general category of personal injury law. A plaintiff (the injured person) files a lawsuit against a defendant for being negligent. Negligence is the failure to exercise reasonable care to avoid injury to another person. Normally, a plaintiff must prove that the defendant was negligent to recover compensation for an injury. 

For example, say a plaintiff was injured because they were walking on the sidewalk in front of the defendant’s house on a windy day, and a branch fell from a tree on the defendant’s property. The tree branch strikes the plaintiff and they are injured. The cost for the plaintiff’s injuries would likely come from the defendant’s homeowner’s insurance policy, but the defendant is not negligent if the wind caused the branch to fall from an otherwise healthy tree. This is not something the defendant could have reasonably foreseen or avoided. 

But strict liability is a different principle. Strict liability does not require the plaintiff to prove that the defendant was negligent. This sometimes applies in the case of defective products because the plaintiff would have a reasonable expectation that the product is safe and should not cause an injury when used correctly.

Under New Jersey law, a dog’s owner is liable for injuries even if the owner tried to restrain the dog, warn the other person, or take other reasonable measures to protect the victim. The plaintiff does not need to prove that the dog owner was negligent, only that they were bitten by the dog.

Any domestic animal that scratches or bites a person in New Jersey is subject to a 10-day quarantine at the owner’s expense. After ten days, the animal control agency will evaluate the animal.

Does strict liability always apply?

Not always. If a dog injures someone without actually biting them, it might be a regular personal injury claim and not fall under strict liability. For example, if a large dog runs toward a person and knocks them over (aggressively or otherwise) and the person is injured, that might fall under the traditional negligence standard. 

If a negligence standard is applied, the plaintiff needs to prove that the dog owner was negligent. If the dog has no history of biting or attacking, its being on a leash might be reasonable enough that the owner can defend against this claim. Certainly, the court would evaluate the facts of claim, like the dog’s size, the environment where the attack occurred, and other factors.

Will my dog be put down if they bit someone?

In most situations, animal control won’t euthanize a dog. However, this might happen if the dog is engaged in dogfighting or if they cause a serious injury unprovoked. It could also happen if the dog has been declared dangerous because it attacked someone previously. The other scenario when a dog might be put down is if it attacks someone and the owner has not taken reasonable precautions to prevent that from happening.

Does a dog owner have defenses against a lawsuit for a dog bite?

• The victim was trespassing. The New Jersey strict liability law for dog bites excludes trespassers. The dog owner might not be liable if a dog bites someone illegally on the property. The plaintiff would need to counter this by showing they were invited or there for some legal purpose. 
• The victim was wholly or partially at fault. New Jersey follows a modified comparative fault rule, which means that if the plaintiff is 51% or more at fault for their own injury, they can’t recover any damages from the defendant. If they are 50% at fault or less, the court would reduce a damage award according to the plaintiff’s percentage of fault.
  
  How could a plaintiff be at fault for a dog bite injury? If the defendant can prove that the plaintiff provoked the dog somehow, or if they were not legally permitted on the premises where the dog was located at the time of the bite, then the plaintiff would bear some portion of fault. Finally, provocation could include attacking the owner. The court could determine that the dog acted in defense of itself or its owner.

Damages for a New Jersey dog bite lawsuit

New Jersey dog bite victims may recover costs for their injuries that include:

• Medical treatment, including surgery, hospital visits, doctor visits, prescription medications, prosthetics, and any other related expenses; 
• Lost wages if the bite required time off from work. If the injury was disabling or decreased your capacity to continue to work, you could make a claim for lost future earnings or earning potential; 
• Pain and suffering compensation if you suffered severe injury.

In some instances, you might be able to recover punitive damages, which are different from your regular compensation. Punitive damages are a separate award that is intended to punish the defendant if their behavior was gross negligence or particularly egregious. This might be an option if they trained their dog to attack or be vicious. New Jersey caps punitive damages at $350,000 or five times the compensatory damages, whichever is greater. 

If you experienced a dog bite—or if you’re in danger of being the defendant in a lawsuit because your dog bit someone—you should consult a New Jersey personal injury lawyer for more information and to learn your legal options.