Dog Bite Accidents in New Jersey

Dogs are beloved family pets that are often considered to be a member of the family. Unfortunately, some dogs can attack another person without warning resulting in injury and bodily harm.  If you are considering a dog bite claim, it is important to know the state’s laws on the dog owners’ legal responsibilities. New Jersey has several different laws depending on the circumstances of the dog bite. In a personal injury case, the dog owner may be held liable for injuries caused by their dog even if the dog owners have taken precautions to prevent the dog from biting someone. It is important for dog owners to understand these laws because they can face significant consequences.  Similar to other states, New Jersey has a “strict liability law” concerning dog bites. According to N.J.S.A. 4:19-16, the owner of the dog is liable for any dog bite injuries that occurred in a public place or lawfully at a residence, including the property of the dog owner. Under this statute, the owner of the biting dog is held liable regardless of reasonable restraint or the dogs past behavior. In these cases, negligence by the owner does not need to be proven. The dog bite owner may be required to pay heavy damages, including but not limited to medical bills, counseling bills for physiological trauma, and any lost income during the recovery of the attack.

If the injured victim cannot satisfy the requirements for strict liability, there may still be a personal injury case due to negligence by the dog’s owner. Dogs can injure someone without actually biting them. A dog may jump up on an individual, knocking them over. A dog may chase a motorcyclist down the street resulting in a car accident. A personal injury attorney will establish specific elements by a preponderance of the evidence.  The attorney will prove the dog owner did not fulfill his or her duty to control the animal resulting in the dog attacking the injured victim.  It is the dog owner’s obligation and responsibility to understand the temperament of their animal. If the dog owner is aware of the animals past aggressive behavior, it is the individual’s responsibility to take the proper precautions to prevent injury to others. Courts can consider the history of the dogs’ behavior in these types of cases.

According to N.J.S.A. 4:19-23, the municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog caused bodily injury to a person during an unprovoked attack and poses a serious threat of serious bodily injury or death to a person. A dog cannot be declared potentially dangerous if the attack was provoked. If a dog is determined by the court to be potentially dangerous, there are legal requirements the owner may need to take. The owner may be required to maintain a special license for the dog, post warning sides around the property, walk with a muzzle on the dog, or in some cases may be required to put the dog down. Refusing to abide by the requirements may result in civil fines.

New Jersey residents have two years form the date of the dog bite to file their claim. Please seek medical attention immediately sustaining a dog bite. Dog bites can lead to infection and in some cases, rabies. Make sure to document the injuries with pictures. If possible, write down statements from individuals who witnessed the attack. After you are safe, reach out to your local animal control agency to report the dog bite. Each facility has different forms to fill out online or submit via fax. After the incident is reported, you may want to seek legal advice as the legal and financial ramifications of a dog bite can be complex. If you or a loved one has suffered a dog bite injury in the state of New Jersey, you may be entitled to substantial compensation.  Michael Colacci will help you obtain evidence, identify defendants and witnesses, and help you receive compensation for your injuries. At Colacci Law Firm, we make sure our clients’ interests are represented to the fullest extent.