New Jersey Dog Bite Laws

New Jersey has a dog bite statute that makes owners liable without proof that they knew the dog was dangerous, subject to the defenses written into the law.

New Jersey dog bite law at a glance

What New Jersey law says

• N.J.S.A. 4:19-16 applies to bites only.
• Prior viciousness and the owner's knowledge do not matter.
• Owners are also responsible for damage caused by their dogs under 4:19-7.

Strict liability vs. the one-bite rule

Under a strict liability statute, the owner is responsible for the injury even if the dog never showed aggression before and the owner was careful. The victim does not have to prove the owner knew the dog was dangerous; the main defenses are the ones written into the statute, such as provocation or trespassing.

Dangerous dog rules in New Jersey

• A municipal court can declare a dog vicious (4:19-22) or potentially dangerous (4:19-23).
• Animal control seizes dogs that killed or seriously injured a person, caused bodily injury in an unprovoked attack, were used for fighting or were trained to attack (4:19-19).
• Owners of potentially dangerous dogs face registration, a red identification tag and penalties (4:19-24 to 4:19-30).

Deadline to file a claim

Justia's 50-state survey lists 2 years as the general personal injury deadline (statute of limitations) in New Jersey. The clock usually starts on the day of the bite. Different deadlines can apply to claims against a government agency or on behalf of a child, so confirm the deadline for your situation with a licensed attorney.

What to do after a dog bite

1. Get medical care, even for a small puncture; bites can become infected.
2. Get the owner's name, contact details and the dog's rabies vaccination status.
3. Report the bite to local animal control or the health department; many places require it so the dog can be observed for rabies.
4. Photograph the injuries and the location, and write down witness names.
5. Keep medical bills and records of missed work, and talk to an attorney before signing anything from an insurer.

If you own a dog that has bitten someone, follow any confinement order from animal control, keep the dog's rabies vaccination current, and consider working with a trainer or behaviorist. Leash rules are covered in New Jersey leash laws.

Sources

1. Michigan State University Animal Legal & Historical Center: New Jersey dog laws
2. Justia: Dog bite laws, 50-state survey
3. Michigan State University Animal Legal & Historical Center: Dog bite strict liability statutes