Dog ownership comes with serious responsibility—especially when it comes to preventing bites. Under New Jersey law, if a dog bites someone, the owner is strictly liable, even if the dog has never shown aggression before. At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we help dog bite victims throughout New Jersey navigate the legal process, get medical help, and recover compensation.
This law holds dog owners responsible when their dog bites someone in a public place or on private property where the victim is lawfully present. Liability does not depend on the dog's prior behavior or the owner’s intent.
To recover under the statute, a plaintiff must show:
The defendant owned the dog,
The plaintiff was lawfully on the property or in a public place,
The dog bit the plaintiff.
Example: A mail carrier bitten on a homeowner’s property doesn’t need to prove the dog was previously aggressive—the owner is still liable.
However, there must be a bite. If a dog jumps on someone without biting, the statute does not apply. Other legal claims may still be available, but not under this specific dog bite law.
Liability can extend beyond the dog owner. A landlord may be responsible in certain cases, especially if:
Case Example: We handled a case where a dog escaped through a large hole in a fence and attacked a child. Because the landlord failed to fix the fence, they were held liable.
Dog bite victims in New Jersey may be entitled to compensation for:
Children, who often suffer more serious physical and emotional trauma, may receive additional consideration for damages.
Seek Immediate Medical Attention – Dog bites can cause serious infections and scarring.
Identify the Dog and Owner – Get their name, address, and contact info. Note the landlord if it's a rental.
Report the Incident – Notify police or animal control to create a formal record.
Take Photos – Document injuries, the scene, torn clothing, and hazards.
Contact a Lawyer – A personal injury attorney can protect your rights and maximize your recovery.
To qualify under the statute, the bite must occur:
If the person was trespassing or provoking the dog, the dog owner might have a valid defense, though the burden of proof is on the dog owner.
Most dog bite claims are covered by the dog owner’s homeowners or renters insurance. If a landlord shares responsibility, their insurance may contribute as well.
However:
You typically have 2 years from the date of the bite to file a lawsuit. If a child is bitten, the clock starts when they turn 18. Claims involving public entities require a Tort Claim Notice within 90 days.
At Scura, Wigfield, Heyer, Stevens & Cammarota, LLP, we:
In trial, judges instruct juries that a dog owner is liable for bites if the plaintiff was lawfully present and the dog actually bit them, regardless of past viciousness.
If the defendant argues the victim provoked the dog or assumed the risk, they must prove that claim. For example, if someone teased or tormented the dog, liability may be reduced or denied.
Dog bites are painful, traumatizing, and sometimes life-changing. New Jersey’s strict liability law protects victims, and you may have claims against multiple parties—including landlords. Don’t try to handle this alone. We're here to explain your options and fight for your recovery.
Call Scura, Wigfield, Heyer, Stevens & Cammarota, LLP for a free consultation. We’ll help you understand your rights and take swift action to get the compensation you deserve.