When a dog suddenly attacks and bites, an innocent interaction can turn into serious injuries. Beyond the immediate physical trauma, questions may arise about who is responsible and if your medical bills will be covered. With New Jersey’s strict liability laws, dog owners are generally responsible for dog bites.
At Mandelbaum Barrett PC, our personal injury attorneys understand the complexities of dog bite cases and have decades of experience helping victims navigate New Jersey’s unique liability laws. We’re here to guide you through this challenging time and ensure you receive the maximum compensation you deserve, allowing you to focus on your recovery.
When Are Dog Owners Strictly Liable for Bites in New Jersey?
New Jersey holds dog owners strictly liable for bites under N.J.S.A. 4:19-16. This means if a dog bites you, the owner is automatically responsible for damages, even if the dog didn’t have a history of aggression or previous bites. Unlike many states that follow the “one bite rule,” giving dogs a free first bite, New Jersey’s strict liability law holds owners accountable from the first incident. In these cases, you don’t need to prove the owner was careless or negligent, as the bite itself establishes liability.
This strict standard applies if you’re bitten in a public place or while lawfully on private property. The law recognizes that dog ownership comes with inherent responsibilities, and owners must accept the consequences when their pets harm others.
Attacks vs. Bites: Different Legal Standards
While dog owners face strict liability for bites, the legal landscape changes for other types of attacks. If a dog knocks you down, causes you to fall, or injures you without actually biting, New Jersey courts typically apply traditional negligence standards rather than strict liability.
In these non-bite cases, your claim must prove the owner failed to exercise reasonable care. This may involve showing the dog wasn’t properly leashed, the owner wasn’t supervising the animal, or the owner knew about the dog’s aggressive behavior but failed to take precautions.
When Strict Liability Doesn’t Apply to Dog Bite Claims
Even under New Jersey’s strict liability statute, dog owners aren’t automatically responsible in every bite situation. Key exceptions to this rule include the following:
- Trespassing: If someone is unlawfully on the owner’s property when bitten, strict liability may not apply. However, the owner could still face negligence claims depending on the circumstances.
- Provocation: If the person bitten was teasing, hitting, or otherwise provoking the dog, this can reduce or eliminate the owner’s liability. Courts examine whether the victim’s actions directly contributed to the attack.
- Comparative fault: New Jersey uses a modified comparative negligence system, which means if the victim shares blame for the incident, their compensation may be reduced proportionally to their degree of fault. Anyone over 50% responsible cannot collect any damages.
Our knowledgeable attorneys at Mandelbaum Barrett PC can help you understand if any of these exceptions apply to your claim and how they may impact liability and your compensation. We understand every claim is different, so we take a personalized approach, creating innovative strategies based on your circumstances that give you the best chance of recovering maximum compensation.
Get the Legal Help You Deserve With the Trusted Dog Bite Lawyers at Mandelbaum Barrett PC
Dog bite cases require immediate attention to preserve evidence and protect your rights under New Jersey’s strict liability laws. Our personal injury team has successfully handled countless dog bite cases throughout New Jersey, securing substantial settlements for victims dealing with medical bills, lost wages, and permanent injuries. We understand the unique challenges these cases present and how to navigate insurance companies that often try to minimize payouts to bite victims.
With decades of experience handling personal injury claims, our experienced attorneys include Certified Civil Trial Attorney Andrew Bronsnick and Co-Chair Joseph J. Peters. Our team speaks Spanish and offers complimentary consultations to evaluate your case and review your legal options. Contact us today at (973) 585-5100 or through our contact form to discuss how we can help you recover the compensation you deserve.