Who Is Liable for a Dog Bite?

Dog bites often result in severe injuries and high medical bills. In New Jersey, determining what parties could be liable for your injuries is an important step towards receiving just compensation. When victims understand the state’s laws, they are in a better position to be able to hold all potentially negligent parties responsible.

Strict Liability for Dog Owners

New Jersey has a “strict liability” standard with respect to dog bites. Pursuant to N.J.S.A. 4:19-16, “The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.” In other words, it doesn’t matter if the dog never attacked anyone in the past or the owner was unaware they would attack.

Exceptions to Liability

There are two important exceptions to be considered when determining if any party could be liable for a dog attack in New Jersey.

• Trespassing: The person who was attacked may have been trespassing on private property when the bite took place.
• Provocation: Liability will typically be denied if the person who was bitten was provoking the dog in some way. For example, they may have poked the dog with a stick.

As long as a person was not trespassing or provoking a dog, the owner of the dog will typically be liable if that person was bitten.

Potential Liable Parties for a Dog Bite

Depending on the facts of any case, there could be numerous liable parties for any dog bite. Determining liability will ultimately come down to the specific circumstances of any attack.

• Landlords or Property Owners: If a landlord or property owner had actual or constructive notice that a dog on their property posed a hazard and they failed to take action, this could form the basis of a negligence claim if someone is bitten.
• Dog Shelter: A dog shelter is not considered the “owner” of a dog for purposes of liability. They typically won’t be held strictly liable if someone is bitten. But they could still be liable for an attack if it is determined they acted negligently.
• Animal Handler: People who handle animals professionally may face liability if they were negligent and allowed an animal to bite someone.
• Municipal Entity: A municipal entity like a city, county, or state could be liable if a person is attacked by a police dog. Victims may be able to pursue an excessive force claim under Section 1983 of the Civil Rights Act if the force was considered unreasonable.

Whether or not a third party like a landowner, shelter, or handler acted negligently requires a careful review of the facts. Property owners should not allow a dangerous dog to roam freely in an open area. Similarly, if a third party like a dog handler knows that a dog has a vicious nature, they must take reasonable steps to prevent bites.

Steps to Take After a Dog Attack

Victims of dog attacks should take a number of actions in order to preserve their rights. This is particularly important for those who suffer serious injuries.

• Victims should seek medical attention as early as possible.
• Victims should report the incident to the police or animal control.
• Victims should collect evidence related to their injuries. This includes taking pictures and gathering witness statements.
• Victims should consult an experienced New Jersey dog bite lawyer.

There are tremendous advantages that come with hiring an attorney. They can focus on maximizing the value of your case while you focus on recovery. Dog bite lawyers also don’t charge anything up front. They get paid by the opposing insurance provider if they are able to resolve your claim.

Getting Legal Help After A Dog Bite

It can be hard to know where to begin after any dog bite. Victims are often left with very serious injuries and high medical bills. To make matters worse, dog owners and property owners will do everything in their power to downplay the severity of your injuries. Or they may simply deny liability altogether. This is where a skilled attorney can step in and help you.

Have you or someone that you care about been injured in a New Jersey dog bite? You may have legal recourse. Our team of New Jersey dog bite lawyers is here to help in any way that we can. We have decades of experience helping people and their families all across the state. In fact, we have recovered over $100 million for our deserving clients. You can reach out to us anytime for a risk-free consultation at 908-355-7100.