Everything You Need to Know About Dog Bites

Related Attorney: Timothy E. Dinan

January 31, 2024Everything You Need to Know About Dog Bites

In New Jersey, dog bite law is primarily governed by a combination of statutory law, common law, and court decisions. Here is an overview of the key aspects of dog bite law in New Jersey:

  • Strict Liability: New Jersey follows a strict liability standard when it comes to dog bites. Under this standard, dog owners are generally held strictly liable for any injuries or damages caused by their dogs biting or attacking another person, regardless of the dog's history or the owner's knowledge of its aggressive tendencies. This means that the injured person does not need to prove negligence or fault on the part of the owner. This is not the case in every state.
  • Statute of Limitations: New Jersey has a statute of limitations for filing a dog bite claim. Generally, a person who has been bitten or attacked by a dog has two years from the date of the incident to file a lawsuit seeking compensation for their injuries. Failing to file within this timeframe may result in the loss of the right to seek legal recourse.
  • Comparative Negligence: New Jersey follows a modified comparative negligence rule when determining liability in dog bite cases. This means that if it can be proven that the injured person's own actions contributed to the incident, their damages may be reduced based on the percentage of fault assigned to them. If the injured person is found to be more than 50% at fault, they may be barred from recovering any damages.
  • Trespassing Exception: New Jersey law provides an exception to dog bite liability if the injured person was trespassing or committing a criminal offense on the owner's property at the time of the incident. In such cases, the dog owner may not be held strictly liable unless they were aware of the trespasser's presence and allowed the dog to cause harm intentionally or negligently.
  • Homeowner's Insurance: In many cases, homeowners' insurance policies in New Jersey provide coverage for dog bite liability. It is important to check the terms and limits of the policy to determine the extent of coverage available. It’s also important that you let your insurance company know that you have purchased a dog, the last thing anyone wants is a seriously injured person and no insurance coverage.

It is advisable to consult with a personal injury attorney who specializes in dog bite cases to understand how the law applies to your specific situation. They can provide guidance on gathering evidence, filing a claim, and seeking compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from a dog bite or attack.

Questions? Contact Tim Dinan at tdinan@lcrlaw.com, or (973) 729-1880.

See our previous blog post here.