Who Is Liable in a Dog Bite Case?

Dog bites can be traumatic, both physically and emotionally. If a dog in New Jersey has injured you or a loved one, it’s crucial to understand your rights and determine who may be liable for the injury. 

In this blog, we’ll break down New Jersey’s dog bite laws, explain liability in these cases, and guide you on the steps you can take to pursue justice.

What Are Dog Bite Laws in New Jersey?

New Jersey operates under a strict liability statute for dog bites. According to N.J.S.A. 4:19-16, a dog owner is automatically liable for any injuries caused by their dog biting someone, provided:

• The victim was lawfully on public or private property (such as a guest or delivery person).
• The victim did not provoke the dog.

This means the injured person does not need to prove that the dog owner was negligent. Unlike other personal injury cases, where proving fault can be complex, dog bite cases in New Jersey focus on the fact that the injury occurred.

Key Point: Even if the dog has no history of aggression, the owner can still be held liable under this statute.

How to Prove Liability in a Dog Bite Case

While New Jersey’s strict liability statute simplifies dog bite cases by holding owners automatically liable, there are still key elements you must prove to ensure a successful claim.

To establish liability, you will need to demonstrate:

1. Ownership of the Dog:
   Document evidence that identifies the person responsible for the dog, such as registration records, witness statements, or photographs.
2. Lawful Presence:
   Show that you were lawfully on the property where the incident occurred. This could include being invited as a guest, delivering a package, or walking in a public area.
3. Injury from the Bite:
   Provide medical records, photos of the injury, or testimony from healthcare providers to prove that the injury directly resulted from the dog bite.

While strict liability applies in most cases, defenses like provocation or trespassing can complicate the matter. This is why working with a skilled attorney is crucial to navigating these nuances and gathering the necessary evidence.

Who Pays for a Dog Bite Injury?

In many dog bite cases, compensation comes from the dog owner’s homeowners’ or renters’ insurance policy. These policies often cover liability for dog bites, even if the incident occurs off the owner’s property.

However, there are situations where insurance coverage may not apply:

• Uninsured Dog Owners: If owners lack insurance, they may be held personally responsible for medical expenses and other damages.
• Third-Party Liability: If someone other than the owner was responsible for the dog during the attack (e.g., a pet sitter), they could share liability.

What Damages Can You Recover in a Dog Bite Case?

You may be entitled to compensation for various damages if you’ve been injured in a dog bite incident. Understanding what you can recover can help you make informed decisions about pursuing a claim.

In New Jersey, potential damages in a dog bite case may include:

1. Medical Expenses:
   • Emergency room visits
   • Surgery or reconstructive procedures
   • Physical therapy or rehabilitation
   • Medications for pain management or infection prevention
2. Lost Wages:
   If the injury prevents you from working, you may be able to recover lost income, including future earning potential, if the injury causes long-term disability.
3. Pain and Suffering:
   Dog bites can lead to severe physical pain and suffering. Compensation may cover emotional distress, anxiety, and diminished quality of life.
4. Scarring and Disfigurement:
   Permanent scars or disfigurement resulting from a dog bite can warrant additional damages to address the impact on your self-esteem and daily life.
5. Property Damage:
   If the incident damaged your personal property (e.g., torn clothing or broken eyeglasses), you might also recover the cost of repairs or replacements.

What Should You Do After a Dog Bite in New Jersey?

If you’ve been bitten by a dog, taking the right steps can strengthen your case:

1. Seek Immediate Medical Attention: Dog bites can lead to infections, scarring, and other serious complications. Document your injuries with photos and medical records.
2. Identify the Dog and Owner: Obtain contact information for the dog owner and any witnesses.
3. Report the Incident: File a report with your local animal control agency. This creates a record of the attack.
4. Consult a Lawyer: An experienced personal injury lawyer can evaluate your case and help you secure compensation for current and future medical bills, lost wages, and pain and suffering.

Get Legal Help

At Rosengard Law Group, we understand the physical and emotional toll a dog bite can have on your life. Our experienced attorneys have helped countless clients in New Jersey navigate the legal complexities of personal injury cases and secure the compensation they deserve.

If you’ve been injured in a dog bite incident, don’t wait. New Jersey’s statute of limitations gives you two years from the date of the injury to file a claim. 

Call us at (856) 284-6446 to schedule a Free Consultation.