Is the Landlord Liable for a Tenant's Dog Bite in New Jersey?

By the FigureMyTax Editorial Team · How we calculate

The statute names the owner. A landlord is liable only if some other theory fits the facts.

The statute names the owner

N.J.S.A. 4:19-16 makes the owner of the dog liable. Summaries stress that the defendant must be the owner, and that this can become complicated if the dog was in the care of a kennel, a dog walker, or another non-owner.

Other defendants

A person looking after the dog can be sued for negligence, and the Comparative Negligence Act allocates fault between the owner and the caretaker. Investigations of accident reports, police records, animal control documents, veterinary records and witness statements can potentially establish liability for a property owner or manager, depending on the facts.

A landlord on negligence facts

Whether a landlord could be liable because it knew of a dangerous dog and controlled the premises is a separate question. We did not locate a New Jersey decision squarely on it, so confirm with an attorney.

The owner still pays

The tenant who owns the dog is strictly liable if the bite happened in a public place or where the victim was lawfully present, and the owner's liability insurance often pays the claim.

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.