Who is Responsible if I Was Bitten by a Dog in New Jersey?

Legally reviewed by Lisa J. Pezzano, Esq. - Laddey Clark & Ryan Pezzano Law Group Division

A dog bite can be a traumatic and unexpected event, often leaving victims with serious injuries, emotional distress, and substantial medical bills. If you were bitten by a dog in New Jersey, you may be wondering who is responsible and what your legal options are. Understanding your rights under New Jersey law is important to protect your health and your financial future. Read on and consult with a skilled Warren County dog bite lawyer to schedule your free consultation today.

Who is Responsible if I Was Bitten by a Dog in NJ?

The question of who is responsible if you were bitten by a dog in New Jersey is governed by the state’s dog bite statute (N.J.S.A. 4:19-16), which imposes a strict liability rule.

Under strict liability in New Jersey, the owner of a dog is legally responsible for any injury the dog inflicts by biting a person, given that the victim was lawfully on or in a private place, or was in a public place. This liability applies regardless of whether the owner had any previous knowledge of the dog’s viciousness or had taken reasonable care to prevent the biting.

In practical terms, this means:

1. Proof of negligence is not required: You do not need to prove the dog owner was careless, negligent, or somehow failed to control the animal.
2. “One-bite rule” does not apply: Unlike some other jurisdictions, the owner cannot claim ignorance by arguing their dog had never bitten anyone before.

The owner may be automatically liable for damages if the following can be established: the defendant owned the dog, the dog bit the plaintiff, and the plaintiff was lawfully present where the bite occurred.

What About Non-Bite Injuries?

Non-bite injuries, such as those caused by a dog jumping, scratching, or knocking a person down, are not covered under the strict liability dog bite statute, but owners can still be held responsible depending on the circumstances.

For these types of injuries, liability is determined under traditional negligence principles. The injured person must prove that the dog owner was negligent, meaning they failed to exercise reasonable care in controlling or restraining the animal, and that this failure directly caused the injury. This includes showing that the owner knew or should have known the dog posed a risk and failed to take reasonable steps to prevent harm. Common examples include a dog escaping a fence or being walked off-leash in an area where leashes are required.

What Damages Can I Recover?

If you are successful in a New Jersey dog bite claim, you can recover various damages designed to compensate you for your losses. These typically fall into two main categories:

1. Economic damages: These cover monetary losses, including all past and future medical expenses such as hospital stays, surgery, and physical therapy, lost wages and loss of future earning capacity if the injury prevents you from working, and property damage.
2. Non-economic damages: These compensate for subjective, non-monetary losses, such as pain and suffering, emotional distress, scarring, and permanent disfigurement.

An experienced lawyer can help calculate the full value of your claim to ensure you receive fair compensation for both current and future damages.