New Jersey Dog Bite Liability Laws

In the State of New Jersey the legal liability of an owner of a dog that injures a person by a dog bite or attack is strictly imposed by statute law. The relevant section of N.J.S.A. 4:19-16 reads in part:

The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.

This basically means, that a successful dog bite case requires that the plaintiff (i.e. the victim of the dog bite) prove three things:

1. That the defendant (i.e. the other party being sued) in the lawsuit was the owner of the dog in question;
2. That the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, and
3. That the dog did bite the plaintiff while in such a place.

If the plaintiff proves these three things, then he or she should win the dog bite case. It is very important for the New Jersey dog bite lawyer to point out that the law imposes strict liability on the dog owner regardless of the former viciousness of the dog or the owner's knowledge of such viciousness. Regardless of whether the owner had a trained, hostile fighting dog or a docile, miniature poodle, he or she is legally responsible for the dog biting another if these three elements are proven. If the dog owner should raise the defense that the plaintiff/victim acted in a manner which constituted an "unreasonable and voluntary exposure to a known risk" (i.e. he or she knew the dog had a propensity to bite or acted deliberately to incite the animal), such knowledge or conduct on the part of the plaintiff may preclude a successful result in a dog bite case. The animal attack lawyers at this New Jersey personal injury law firm will vigorously present this law to represent their clients who have suffered an animal attack.

A successful NJ dog bite accident attorney will show that in the State of New Jersey the legal liability of the owner of an animal with a vicious or dangerous trait or propensity (other than a dog bite case) is slightly different. If a person is the victim of an attack by a vicious or dangerous animal, legal liability can also be imposed upon the animal's owner. A successful case against the owner would need to prove that the animal had a vicious or dangerous trait or propensity; that the owner knew or in the exercise of reasonable care, should have known of the particular vicious or dangerous trait or propensity in the animal which caused the injuries; and that the injuries suffered by the plaintiff (i.e. the victim of the animal) proximately resulted from such vicious or dangerous trait or propensity). Unlike the strict liability in the dog bite cases contained in N.J.S.A. 4:19-16, the liability for attacks by animals with vicious or dangerous traits or propensities is essentially a negligence case in which the dog owner fails to act pursuant to the standard of the reasonably prudent person in the same or similar circumstances.

Contact the New Jersey dog bite attorneys at Keefe Bartels to see if they can help you.