Dog Bite Defenses: Trespass and Provocation

By the FigureMyTax Editorial Team · How we calculate

The statute is strict, but an owner can still argue that you were not lawfully there, that you provoked the dog, or that you share fault.

Trespass

The statute covers a person in a public place or lawfully on private property, so a trespasser is not entitled to compensation under the dog bite statute. One New Jersey firm notes that the trespass defense works only if the trespasser had criminal intent, so the facts matter.

Provocation

Owners' insurers commonly raise trespassing and provocation. In the model jury charge, the defendant bears the burden of proving provocation or the plaintiff's negligence as a defense.

Comparative negligence

The Comparative Negligence Act applies to dog bite claims. A jury can assign a share of fault to you, or to another person such as a dog walker, and the award is reduced accordingly.

The 51% line

Under N.J.S.A. 2A:15-5.1, your negligence does not bar recovery if it is not greater than that of the defendants, so a 50% finding still recovers half.

Documentation helps

Medical records, photographs of the injury, animal control and police reports, and witness statements help prove the bite, your lawful presence and the lack of provocation.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how New Jersey's rules apply to your specific case with a licensed New Jersey attorney.