Your Legal Remedies if You’re Injured in a Dog Attack in New Jersey

Victims of dog attacks in New Jersey have legal avenues to seek compensation for their injuries, primarily under the state’s strict liability statute. A state statute makes a dog owner strictly liable for injuries caused by their dog biting another person, provided certain conditions are met. However, not all injuries from a dog attack are covered by the statute. Victims seeking compensation for injuries not covered must establish another ground for recovery.

Under New Jersey Statute 4:19-16, a dog owner is strictly liable if their dog bites another person, provided the bite occurs either in a public place or when the victim is lawfully on private property, including the dog owner’s premises. This means that the victim does not need to prove that the owner knew the dog was dangerous or that the owner acted negligently. The law is designed to protect victims and ensure they can recover damages without having to establish fault.

Although the law imposes strict liability, there are some defenses available to dog owners. The primary defense is if the victim was unlawfully on the owner’s property at the time of the attack. For example, if a person was trespassing or committing a crime when they were bitten, the owner may not be held liable. Another possible defense is provocation. If the dog owner can demonstrate that the victim provoked the dog, such as by hitting or taunting it, this may reduce or eliminate the owner’s liability.

The statute specifically covers injuries resulting from dog bites but does not extend to other injuries a dog might cause. Common examples of injuries not covered under strict liability include:

• Scratches or abrasions from a dog’s claws
• Broken bones or head injuries from being knocked down by a dog
• Psychological trauma resulting from a dog attack
• Injuries sustained while attempting to escape from an aggressive dog

When strict liability does not apply, victims may still recover damages by demonstrating that the dog owner or caretaker was negligent, such as by failing to leash their dog in public or by not keeping the dog enclosed on their property. An experienced personal injury attorney can gather and present witness testimony, prior complaints about the dog’s behavior and evidence of violations of local restraint laws. However, a victim’s recovery of damages might be reduced by their own percentage of fault.

Victims of dog attacks in Sussex and Morris counties can seek legal assistance from the firm of Kevin T. Kutyla, Esq. in Succasunna and Newton. I represent individuals who have suffered injuries from dog attacks, helping them pursue compensation for medical expenses, lost wages, pain and suffering and other losses related to their injuries. Call 973-940-8970 or contact me online to schedule an appointment.