The New Jersey dog bite statute is a crucial piece of legislation that defines the liability of dog owners when their pets cause injury to others. This law establishes a strict liability standard, meaning that dog owners can be held responsible for any injuries inflicted by their dogs, regardless of prior behavior or the owner’s knowledge of such behavior.
Strict Liability in Dog Bites
N.J.S.A. 4:19-16, New Jersey’s dog bite statute, provides:
“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, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.”
This provision has significant implications for both dog owners and potential victims.
Key Elements of the Statute
1. Location of the Incident: The statute applies whether the bite occurs in a public space or on private property where the victim is legally present. This means that if a person is invited into the dog owner’s home and is bitten, the owner can still be held liable.
2. No Requirement of Prior Aggressiveness: Unlike some states that require proof of a dog’s previous aggressive behavior for liability to be established, New Jersey does not impose this requirement. A dog owner is liable even if their dog has never displayed aggressive behavior before.
3. Types of Damages: Victims of dog bites may seek compensation for a variety of damages, including medical expenses, pain and suffering, emotional distress, and lost wages if the injury affects their ability to work.
Implications for Dog Owners
Dog owners in New Jersey must take proactive measures to ensure their pets do not pose a risk to others. This includes proper training, socialization, and supervision of their dogs, especially around strangers or young children. Additionally, owners may want to consider obtaining liability insurance to cover potential claims arising from dog bites.
Conclusion
The New Jersey dog bite statute is designed to protect victims by holding dog owners accountable for their pets’ actions. Understanding this law is essential for both pet owners and those interacting with dogs, as it underscores the responsibilities of dog ownership and the legal rights of victims. If you or someone you know has been a victim of a dog bite, consulting with a legal professional can provide valuable guidance on pursuing a claim under this statute.
Cooper Levenson is a full-service law firm established in 1957. Kathleen F. Beers, Esq. handles personal injury law and can be reached at kbeers@cooperlevenson.com or (609) 572-7570.
