New Jersey Dog Bite Liability

Under N.J.S.A. 4:19-16, the owner of a dog that bites you in a public place, or while you are lawfully on private property, is liable regardless of the dog's past viciousness. Trespass and provocation are defenses, and your own fault reduces the award.

Cited to N.J.S.A. 4:19-16 FigureMyTax Editorial Team Free · no sign-up

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Strict liability for the owner, with three elements

N.J.S.A. 4:19-16, as explained in New Jersey's model civil jury charge, makes the owner of any dog that bites a person in a public place, or lawfully in a private place including the owner's property, liable for the damages suffered regardless of the dog's former viciousness or the owner's knowledge of it. The injured person must show that the defendant owned the dog, that the dog bit them, and that the bite occurred in a public place or while they were lawfully on private property.

Provocation and trespass are the usual defenses, and the Comparative Negligence Act applies to reduce an award for the victim's own fault.

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This is an estimate for general guidance only and is not legal advice. Figures are based on the cited New Jersey statutes. Confirm how these rules apply to your specific case with a licensed New Jersey attorney.