Dog bite in New Jersey: owner liability and your options

New Jersey's dog bite statute

N.J.S.A. 4:19-16 makes the owner of any dog that bites a person liable for the damages, regardless of the dog's former viciousness or the owner's knowledge of it. There's no "one free bite" in New Jersey. The owner doesn't get a pass because the dog was always friendly before.

According to the state's model civil jury charge, you generally have to prove three things: the defendant owned the dog, you were in a public place or lawfully on private property (including the owner's property), and the dog bit you there. The bite doesn't have to break the skin.

This is one of the more victim-friendly dog bite laws in the country. In many states, an injured person has to prove the owner knew the dog was dangerous. In New Jersey, for a bite in a covered location, that knowledge doesn't matter.

What "lawfully on private property" means

The statute covers people in two situations on private property:

The invitation can be implied. The model jury charge also notes that permission extends to areas a person could reasonably believe the invitation covered.

A person on private property who wasn't invited and wasn't there to perform a legal duty falls outside the statute's protection, though other legal theories may still apply.

• You were invited onto the property, either expressly or by implication (a guest, a customer, a contractor you hired)
• You were there to perform a duty imposed by state or federal law or postal regulations (a mail carrier, for example)

Defenses an owner might raise

Strict liability doesn't mean automatic payment in every case. An owner might argue the person wasn't lawfully on the property, or wasn't bitten by that dog. Courts have also recognized that someone who beats or torments a dog generally can't recover if the dog bites back in self-defense.

There's also a comparative fault defense, but it's narrow. The owner has to prove the injured person voluntarily and unreasonably exposed themselves to a known risk, such as knowing the dog was prone to biting or deliberately provoking it. The New Jersey Supreme Court has applied this kind of analysis to professionals like groomers and kennel workers, looking at their experience, warnings they got and how they handled the dog.

Ownership is sometimes disputed too, such as when a dog lives with someone other than its legal owner. In those cases, the statute's strict liability focuses on the owner, while a keeper or other person may be pursued under ordinary negligence or common law rules.

When the dog didn't bite

The statute covers bites. If a dog jumps on you, knocks you down, or causes a crash without biting, the strict liability statute generally doesn't apply. Instead, New Jersey common law usually requires showing the owner knew the dog had dangerous or mischievous tendencies (called scienter), or that the owner was negligent, for example by letting a large, excitable dog run loose.

In Hackett v. Musey (2017), the Appellate Division affirmed dismissal of a claim against owners whose dog knocked someone over, because there was no evidence they knew of the dog's propensities. These cases turn heavily on the facts.

Common law claims can still succeed with the right facts. Evidence that a dog had jumped on or knocked over people before, complaints from neighbors, or prior warnings to the owner can help show the owner knew of the dog's tendencies.

Homeowner's and renter's insurance

Many people hesitate to bring a claim because the dog belongs to a friend, neighbor or family member. In practice, dog bite claims are commonly paid by the owner's homeowner's or renter's liability insurance, not out of the owner's pocket. Some policies exclude certain breeds or dogs with a bite history, so coverage depends on the specific policy.

Damages in a dog bite case can include medical bills, future treatment like scar revision, lost wages, and pain and suffering, including emotional distress.

If you're worried about the relationship, it can help to know that the claim is usually handled between you (or your lawyer) and the insurance company. Many owners actually prefer that their insurance handle it.

Landlords and other parties

The statute targets the dog's owner. In some situations, others may also be responsible under ordinary negligence principles. New Jersey courts have, for example, held a landlord liable for a bite by a building superintendent's dog. Whether a landlord, dog walker or business can be responsible depends on what they knew and controlled.

Some towns have local leash and animal control ordinances. Violating one isn't the same as being liable for a bite, but it can be part of the evidence in a negligence claim, especially when no bite occurred.

The deadline

Dog bite injury lawsuits in New Jersey generally must be filed within two years of the bite under N.J.S.A. 2A:14-2. Claims for children may follow different timing rules, so it's worth checking. Reporting the bite to local animal control or the health department also creates a record and helps confirm the dog's rabies vaccination status.

If the dog's owner is a renter, the renter's own liability policy (not the landlord's) is often the first place to look. If the owner has no insurance, collecting a judgment can be harder, which is one of the things a lawyer can evaluate early.

Some injuries, like facial scarring in children, may require treatment for years. Waiting until the full extent of an injury is known can make sense, but only if you stay well within the filing deadline.