Strict Liability Without a First Bite in New Jersey

By the FigureMyTax Editorial Team · How we calculate

New Jersey's statute puts the cost of a bite on the dog's owner, whatever the dog's history.

The statute

N.J.S.A. 4:19-16 provides that the owner of any dog that bites a person while the person is in a public place, or lawfully in a private place, including the owner's property, is liable for the damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness.

Three elements

The injured person must show that the defendant owned the dog, that the dog bit the plaintiff, and that the bite occurred in a public place or while the plaintiff was lawfully on private property.

No negligence needed

The statute applies even if the owner did not know the dog might bite and even if the owner took reasonable steps to restrain it. The old excuse that the dog had never done it before is not a defense.

When you are lawfully on private property

A person is lawfully there when performing a duty imposed by the laws of New Jersey or the laws or postal regulations of the United States, or on the invitation, express or implied, of the owner.

Deadline

Dog bite claims generally have a two-year deadline under N.J.S.A. 2A:14-2.

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.