Accepting the responsibility of owning a dog means being accountable for how that animal behaves toward others in the community. New Jersey law takes a firm stance on this issue by applying a standard of strict liability when a dog bites another person.
At Chamlin, Uliano & Walsh, our firm has provided trusted legal representation in New Jersey for over 60 years, and we have seen firsthand how these sudden incidents change the lives of victims. Since our establishment in 1960, two generations of our leadership have worked to help families through the aftermath of an attack to recover the compensation they need to move forward. With over $100 million recovered for our clients, we understand the specific statutes that govern these cases and how to hold owners accountable for the actions of their pets.
Statutory Guidelines for Recovery: N.J.S.A. 4:19-16
The primary statute governing these incidents is N.J.S.A. 4:19-16, which dictates that an owner is responsible for damages regardless of whether the dog previously acted in a vicious manner. You do not have to prove that the owner was careless or that they knew the dog was dangerous because the law focuses on the event of the bite itself rather than the history of the animal. To successfully bring a claim under this specific statute, three conditions must be met:
- The person you are suing actually owned the dog.
- You were in a public place or were on private property legally when the event occurred.
- The dog actually bit you.
Consider the situation of a person delivering a package who is bitten while walking up a driveway. Because that worker has a legal right to be on the property, the owner is responsible for the injury even if the dog had been friendly to every other visitor for years. It is important to note that this specific law requires a physical bite to occur. If a large dog pins you to the ground or knocks you over without biting, you might still have a legal claim based on negligence, but you would not be using this particular strict liability statute to prove your case.
Landlord Accountability and Third-Party Negligence
There are times when the dog owner is not the only person who might be responsible for what happened. A landlord might be held liable for an attack if they were aware that a tenant kept a particularly dangerous animal on the premises but did nothing to remove the threat. This often comes up if there were prior complaints from other tenants or if the landlord failed to maintain the property correctly.
If a gate was left broken for months or a fence had a large gap that allowed a dog to reach a sidewalk, the landlord could be found at fault for those hazards. In our decades of practice, we have investigated many cases where shared spaces like apartment hallways or laundry rooms became the site of an attack because the property manager ignored safety protocols.
Types of Dog Bite Damages Available to Victims
A dog bite can result in deep puncture wounds, nerve damage, and lasting psychological trauma that requires professional help to overcome. Victims in New Jersey can pursue various types of damages to cover the costs associated with the attack:
- Payment for hospital stays, surgeries, and future medical needs
- Reimbursement for income lost while you were unable to work
- Compensation for physical pain and the loss of enjoyment of life
- Damages for permanent scarring or disfigurement
- Funding for therapy to address emotional distress or phobias
When a child is the victim, the impact is often much more severe because their smaller stature makes them more vulnerable to head and neck injuries. Our team looks at the long-term needs of the victim to ensure any settlement accounts for the years of care or reconstructive surgery that may be required.
Recommended Steps Following an Attack
Your priority should always be to seek medical care immediately after an incident because dog mouths carry bacteria that can lead to serious infections like rabies or tetanus. Once you have seen a doctor, try to get the name and phone number of the dog owner and any witnesses who saw what happened.
Reporting the bite to local animal control or the police is a helpful step because it creates an official record of the event which serves as evidence later. If you are physically able, taking photos of your injuries and the location where the bite happened can be very useful for your legal team. Finally, speaking with an attorney early on ensures that evidence is preserved and that your rights are protected before insurance companies try to settle for less than you deserve.
Assessing the Location of the Incident
The law is very specific about where the bite happens. You are protected if you are in a public park, on a sidewalk, or if you were invited onto someone’s private porch. People who are performing a legal duty, such as utility workers or emergency responders, are considered to be lawfully present.
If a person was trespassing or intentionally provoking the animal by hitting or teasing it, the owner might use that as a defense. However, the owner carries the burden of proving that the victim was doing something wrong, rather than the victim having to prove they were acting perfectly.
Identifying Sources of Financial Recovery
In most instances, a homeowner’s or renters’ insurance policy provides the funds used to pay for these claims. While you are technically suing the individual, it is their insurance provider that typically handles the defense and the payment. Some insurance companies try to avoid these payouts by listing specific breeds that they refuse to cover, or they may deny a claim if the owner hid the dog’s history of aggression from them.
If the bite involved a dog owned by a government agency, such as a police K-9, there are much stricter rules. You must file a formal notice within 90 days of the bite under the New Jersey Tort Claims Act or you may lose your right to sue entirely.
Legal Deadlines and Time Constraints
For most adults in New Jersey, there is a two-year window from the date of the injury to file a lawsuit in court. This timeline is different for minors, as the two-year period usually does not begin until the child reaches the age of 18. Because evidence can disappear and memories fade, it is usually best to start the process as soon as possible.
How Our Firm Investigates Your Claim
Our firm uses a comprehensive approach to investigate every detail of the incident. We talk to neighbors to find out if the dog had a history of biting others, and we work with medical experts to understand the full extent of your physical limitations. By reviewing lease agreements and looking into the owner’s insurance policy details, we identify every possible source of recovery for you. We take pride in our history of results and the personal attention we give to every family that walks through our doors.
Seek Legal Guidance Now
Experiencing a dog attack is a frightening ordeal that can leave you with mounting bills and permanent scars. New Jersey’s laws are designed to protect you, but going through the legal system alone can be overwhelming. If you or a loved one has been bitten, you can reach out to Chamlin, Uliano & Walsh at (732) 229-3200 for a consultation. Our team is ready to listen to your story and help you hold the responsible parties accountable for what happened.