If you or a loved one has been bitten by a dog in New Jersey, you may be dealing with not only physical pain but emotional distress and rising medical bills. Knowing your rights under New Jersey’s strict liability rule for dog bites is crucial to securing the compensation you may be entitled to. Unlike many other states, New Jersey offers strong legal protections for dog bite victims—regardless of the dog’s history or the owner’s knowledge of prior aggression.
In this detailed guide, we’ll break down how New Jersey law handles dog bites, what strict liability means for your case, what to do immediately after an attack, and how a personal injury attorney can help you navigate the legal process.
What Is New Jersey’s Strict Liability Rule for Dog Bites?
New Jersey law follows a strict liability standard for dog bite cases. Under N.J.S.A. 4:19-16, a dog owner is legally responsible for injuries caused by their dog regardless of whether the dog has ever bitten anyone before or shown signs of aggression.
Here’s what the statute says in plain terms:
“The owner of any dog which shall bite a person while such person is on or in a public place or lawfully on or in a private place… shall be liable for such damages as may be suffered by the person bitten.”
This law applies even if the owner:
- Had no prior knowledge of the dog’s aggressive behavior
- Took precautions such as using a leash or fencing
- Believed the dog was not dangerous
This is different from a “one-bite rule” state, where a victim may have to prove the dog had previously shown aggression. In New Jersey, you don’t need to prove negligence—only that the bite occurred and you were lawfully present.
Who Is Protected Under the Law?
New Jersey’s strict liability statute protects a wide range of individuals. If you were on public property or legally on someone else’s private property when bitten, the law is on your side. This includes:
- Children and adults
- Delivery drivers (Amazon, UPS, USPS, etc.)
- Postal workers
- Guests or invitees
- Construction or utility workers on-site for work-related purposes
However, there are limitations. Trespassers or those unlawfully present on the property are not protected by this statute. If you were injured while trespassing, your legal claim may fall under general negligence law, which can be more challenging to prove.
It’s important to clarify your legal status at the time of the attack to determine which legal path applies. A personal injury attorney can help evaluate whether your presence qualifies as lawful under New Jersey statutes.
What About Other Types of Dog-Related Injuries?
While New Jersey’s strict liability rule applies specifically to bites, other injuries caused by dogs are not automatically covered. If a dog knocks someone over, causes a bike accident, or scratches someone, the case may still be valid—but it would be handled under a negligence claim, not strict liability.
To prove negligence in a non-bite injury case, you must show:
- The owner had a duty to control the dog
- The owner breached that duty
- The breach caused the injury
- You suffered damages as a result
These cases require more investigation, but successful outcomes are possible. For example, if a dog ran loose in a park and knocked over an elderly person, leading to a broken hip, the victim could still seek compensation through a negligence claim.
Common Injuries from Dog Bites and Attacks
Dog bite injuries can be far more serious than people realize. The physical and emotional consequences often require extensive treatment and long-term care. Typical injuries include:
- Deep puncture wounds and lacerations
- Torn ligaments or tendons
- Broken bones (from falls or severe bites)
- Nerve damage
- Rabies or other infections
- Permanent scarring, especially on the face or hands
In addition to physical injuries, dog attacks often cause intense emotional trauma—particularly in children. Victims may develop anxiety, fear of dogs, or post-traumatic stress disorder (PTSD). These psychological effects are just as important when calculating your claim’s value.
What to Do After a Dog Bite in New Jersey
Taking the right steps after a dog bite is essential for both your health and your legal rights. Here’s what to do:
- Get medical help: Clean wounds thoroughly and seek treatment to prevent infection.
- Identify the dog and owner: Ask for contact information and proof of rabies vaccination.
- Report the bite: File a report with animal control or your local police department.
Document everything:
- Photograph injuries and the scene
- Collect witness names and phone numbers
- Keep all medical records and expenses
- Avoid discussing liability with the owner or their insurance company until you’ve spoken to an attorney.
Acting quickly ensures that all details are preserved, and your claim is not weakened by missing information.
What Damages Can You Recover for Dog Bites?
Victims of dog bites in New Jersey may be eligible for a variety of damages, depending on the severity of their injuries. These typically fall into two main categories:
Economic Damages:
- Hospital and emergency care
- Surgery or reconstructive procedures
- Rehabilitation and follow-up visits
- Lost wages (including time off work for appointments)
- Future medical expenses for long-term care
Non-Economic Damages:
- Pain and suffering
- Emotional trauma or PTSD
- Permanent disfigurement or scarring
- Loss of enjoyment of life
Severe injuries, such as facial disfigurement or loss of function in a limb, often lead to higher compensation. Children who experience permanent injuries may also receive damages for future psychological impact and loss of earning potential.
Do You Need to Prove Negligence?
If your case falls under strict liability, proving negligence is not required. You must simply demonstrate that:
- The bite occurred
- You were lawfully present when it happened
That said, some dog owners may try to avoid liability by arguing that you provoked the dog or trespassed. If such a defense is raised, your lawyer will need to provide evidence that your behavior did not justify the dog’s reaction.
In contrast, non-bite injuries (like being knocked down by a dog) do require proof of negligence. In these cases, your attorney will investigate the owner’s actions, any prior complaints or warnings about the dog, and the exact circumstances of the event.
What If the Dog Owner Doesn’t Have Insurance?
Many homeowners’ and renters’ insurance policies cover dog bites—but not all. Some policies exclude certain breeds or limit payouts. If the dog owner has no applicable insurance:
You may still be able to:
- Sue the owner personally in civil court
- File a claim with your own insurance (if applicable, such as umbrella coverage)
- Pursue coverage under a landlord’s policy if the attack happened in a rental property
Legal recovery can be more complex in these cases, so it’s important to explore every avenue of compensation.
Time Limits: Statute of Limitations in NJ
In New Jersey, dog bite victims typically have two years from the date of the incident to file a lawsuit. This is known as the statute of limitations. Failing to file within this window may permanently bar you from recovering compensation.
There are exceptions:
- If the victim is a minor, the two-year clock starts at age 18
- If the dog owner cannot be identified or served legal notice, the timeline may be extended
Acting quickly preserves evidence, allows time for medical evaluations, and gives your attorney the best chance of building a strong case.
Breed-Specific Laws and Exceptions
Unlike some states, New Jersey does not enforce breed-specific laws (BSL). This means all dog breeds are treated the same in the eyes of the law. Whether the dog that bit you was a Chihuahua or a Rottweiler, the owner is still liable under strict liability statutes.
However, certain towns may have leash laws or containment requirements for dogs with a known history of aggression. Failure to follow these local regulations may increase the owner’s liability and penalties in your case.
Defenses Dog Owners May Try to Use
Even under strict liability, dog owners and insurers often attempt to reduce or deny claims by raising common defenses, such as:
- Trespassing: Claiming the victim was not lawfully on the property
- Provocation: Asserting that the dog was teased, hit, or threatened
- Assumption of risk: Arguing the victim voluntarily accepted the risk (e.g., working with aggressive dogs)
A skilled attorney can challenge these arguments by presenting clear evidence, including witness testimony, surveillance footage, or expert evaluations.
How a New Jersey Dog Bite Attorney Can Help
Trying to handle a dog bite claim alone can be difficult—especially when injuries are severe or emotionally traumatic. A dog bite lawyer in Bergen County can help in several key ways:
- Reviewing your case for strict liability or negligence
- Gathering medical evidence and witness statements
- Managing communications with insurers
- Negotiating for maximum compensation
- Filing a lawsuit if a fair settlement cannot be reached
Your attorney will also help calculate your total losses, including long-term physical or emotional damage. Their experience can be crucial to achieving a successful outcome.
Real Case Example
A 7-year-old girl playing in her front yard. A neighbor’s dog, off-leash, crosses onto her property and bites her arm. The dog had never bitten anyone before, and the owner insists it was “just playing.”
Under New Jersey’s strict liability law, that history doesn’t matter. The family hires a personal injury lawyer, documents the injury, and files a claim. After several months, they receive $95,000 in compensation to cover surgeries, therapy, and emotional trauma. This outcome shows how New Jersey law favors victim protection over excuses.
Know Your Rights, Protect Your Future
Dog bites can leave lasting scars—physically, emotionally, and financially. Thanks to New Jersey’s strict liability rule for dog bites, you don’t need to prove prior attacks or owner negligence to recover compensation. If you were lawfully present and bitten, you have rights.
But success still requires action. Report the bite, get treatment, and speak to a dog bite attorney as soon as possible. With the right legal help, you can hold the dog owner accountable and pursue the justice and financial relief you deserve.