Who is Liable if a Dog Bites Me?
Pet owners in New Jersey love their dogs dearly and often think they can do no wrong. Anyone who has been bitten by a dog knows that they are not always man’s best friend. Dogs can become aggressive for various reasons. Even the sweetest dog that has never shown any signs of aggression can attack if provoked.
If you own a dog or have been bitten by one in New Jersey, it is essential to understand the state’s laws regarding a dog owner’s legal responsibility when their pet injures someone or displays aggressive behavior.
What the Law Says
New Jersey, like most states, operates under a strict liability law. Dog bites in New Jersey are covered by New Jersey Statutes Section 4:19-16. This law states that a dog owner is legally responsible for any injuries caused if their dog bites someone who is in a public place or lawfully on private property, even if the dog has never shown aggression before or the owner didn’t know it could be dangerous. A person is lawfully on private property if they are there by legal duty (like a mail carrier) or with the owner’s permission, whether express or implied.
Also, keep in mind that dogs don’t need to bite someone to cause injury. For example, incidents like knocking a person over or chasing a vehicle and triggering an accident can also lead to harm. In these cases, New Jersey’s strict liability dog bite law doesn’t apply. However, the injured party may still be able to pursue compensation by proving negligence or knowledge of the dog’s dangerous behavior.
Time limits apply. Under New Jersey's statute of limitations, victims of a dog bite must file a lawsuit within two years of the incident, or they will be barred from any sort of compensation.
Can a Dog Bite Victim Be Held Liable?
A dog bite victim in New Jersey may be partially or fully liable for their injuries in certain situations. Here are some circumstances where a victim could be held responsible:
- Trespassing on private property. If the victim was illegally on the dog owner's property, they may not be protected by New Jersey’s strict liability statute. The law only applies if the person was lawfully on public or private property.
- Provoking the dog. If the victim provoked, teased, abused, or threatened the dog, and that provocation directly led to the bite, the dog owner might use this as a defense to reduce or eliminate liability.
- Contributory negligence. New Jersey follows a comparative negligence rule. If the victim’s own actions contributed to the incident, such as ignoring warnings, behaving recklessly, or knowingly approaching a dangerous dog, then their compensation may be reduced proportionally, or denied altogether if they were more than 50% at fault.
Contact Us Today
Dog bites can lead to gruesome injuries that last a long time (maybe even the rest of a person’s life) and cause significant pain.
It can take a lot of time and money to recover from a dog attack. The New Jersey dog bite lawyers at Leonard Legal Group can help you recover compensation when man is not your best friend. Contact us via (973) 984-1414 or online here to schedule a consultation with our office.