Understanding strict liability in New Jersey’s dog bite law

On Behalf of | Oct 11, 2024 | Injuries

Strict liability means that the law holds a person or entity responsible for damages or injuries regardless of fault or negligence, provided certain conditions are met. New Jersey’s dog bite law follows this principle, stating that a dog owner is liable for damages if their dog bites someone, even if the owner wasn’t necessarily negligent.

Dog owners are responsible for their dogs’ actions

Since liability is typically clear under this law, cases often focus on the extent of damages rather than establishing fault, which places significant responsibility on dog owners. Here are some details you should know:

  • Even if a dog has never shown aggression, the owner is still liable if it bites someone. The owner’s knowledge of their dog’s potential for danger is irrelevant under this law.
  • A person filing a claim under this law does not have to prove that the owner was negligent or know the dog was dangerous.
  • This statute covers dog bite incidents in public areas and on private property where the victim has legal permission to be present, even if it’s the owner’s property.

However, strict liability is not absolute. If the victim was trespassing or not lawfully on the property, the principle may not apply. There are also exceptions for dogs used in law enforcement or military work, especially when performing their duties.

What damages can one recover?

A person bitten by a dog may be eligible for various types of damages. These can include:

  • Medical expenses, including emergency room visits, surgeries, medications and follow-up care
  • Lost wages if the person missed work due to their injuries
  • Compensation for any ongoing medical treatment or rehabilitation, especially if the injuries are severe
  • Non-economic damages such as pain and suffering, disfigurement or loss of quality of life

New Jersey law doesn’t cap damages in dog bite cases, allowing victims to seek total compensation for their injuries. The amount awarded in each case will depend on the severity of the injury and its impact on the victim’s life.

What do you do if you or a loved one had a dog bite incident?

While both parties can usually resolve these cases through negotiations, a lawsuit may be necessary if you don’t reach a fair settlement. If you find yourself involved in a dog bite incident, it’s always best to consult with an attorney who can guide you based on the specific details of your situation.