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Navigating New Jersey’s Personal Injury Dog Bite Law: What You Need to Know
by: J. Robert Bratman of Stark & Stark  -  Stark & Stark Newsroom
Tuesday, April 30, 2024

Dogs are often called man’s best friend, but unfortunately, even the most beloved pets can sometimes cause harm. In New Jersey, like in many other states, there are laws in place to protect individuals who suffer injuries from dog bites. Understanding these laws is crucial for both dog owners and victims of dog bites. Let’s look at the specifics of New Jersey’s personal injury dog bite law and what it means for you.

The Basics of New Jersey Dog Bite Law

In New Jersey, the law regarding dog bites is outlined under statute N.J.S.A. 4:19-16. This statute holds dog owners strictly liable for injuries caused by their dogs biting individuals, regardless of whether the dog has a history of aggression or if the owner was aware of any previous incidents. This is often referred to as a “strict liability” law, meaning that the owner is responsible for the actions of their dog regardless of their level of fault or negligence.

Key Points to Understand

  1. Strict Liability: As mentioned, New Jersey follows a strict liability standard for dog bite cases. This means that the owner is responsible for any injuries caused by their dog biting someone, regardless of the dog’s past behavior or the owner’s knowledge of such behavior.
  2. Trespassing Exceptions: However, there are exceptions to this strict liability rule. If the person bitten was trespassing or committing another tort (civil wrong) at the time of the incident, the dog owner may not be held liable for the injuries caused.
  3. Injury Compensation: Victims of dog bites in New Jersey may be entitled to compensation for their injuries. This compensation typically covers medical expenses, lost wages due to time off work, pain and suffering, and other damages resulting from the incident.
  4. Statute of Limitations: It’s important to note that there is a time limit, or statute of limitations, for filing a personal injury lawsuit in New Jersey. Generally, individuals have two years from the date of the dog bite incident to file a claim. Failing to file within this timeframe could result in the loss of the right to seek compensation.
  5. Evidence and Documentation: Building a strong case in a dog bite claim often requires thorough documentation. This may include medical records detailing the extent of the injuries, photographs of the bite wounds, witness statements, and any other relevant evidence.

Seeking Legal Assistance

Navigating personal injury laws, including those related to dog bites, can be complex. Therefore, if you’ve been bitten by a dog in New Jersey, it’s advisable to seek legal assistance from an experienced personal injury attorney. An attorney can help you understand your rights, gather evidence, negotiate with insurance companies, and represent your interests in court if necessary.

Conclusion

Dog bites can result in serious injuries and emotional trauma for victims. In New Jersey, the law provides important protections for individuals who have been bitten by dogs, holding owners accountable for the actions of their pets. Understanding these laws and seeking legal guidance when needed can help ensure that victims receive the compensation they deserve for their injuries.

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