Although we treat our dogs like family members, they are still animals that can bite or attack without provocation or explanation.

You may have been bitten by a dog and are wondering what happens under New Jersey law. Because the state's statute only holds owners "strictly liable" when dog bite occurrences take place on public land or when the victim was lawfully present on their private property, dog bite claims are already difficult to prove in New Jersey. Just reading this may make you believe you have no alternatives for compensation if you were attacked while trespassing. But according to state personal injury law, this might not be the case.

Let's learn more about the specifics of dog bite laws in New Jersey in the following article. However, if you still have questions or have found yourself injured from a dog attack, consult with a New Jersey dog bite lawyer to go over your case in detail. Brandon J. Broderick, Attorney at Law, can provide the information you need.

NJ STRICT LIABILITY VS. NEGLIGENCE LAWSUIT

In the event that a victim was trespassing on the dog owner's property when the attack occurred, the injured party would not be entitled to compensation under New Jersey's dog bite statute, as aforementioned. The fact that the victim was illegally on private property doesn't necessarily mean that the owner doesn't hold liability for any injuries caused by the animal.

If you give this some thought: How many times has a child wandered into a neighbor's yard to get their football or another toy? Is there a solution if you want to cross someone else's unfenced land to get back to your own? This may not constitute criminal trespass, but may give rise to a negligence claim against the owner for personal injury.

Trespassing Without Any Crime

In New Jersey, you may be allowed to sue for damages if you were injured while trespassing, but your actions were not criminal in nature, such as crossing someone's property to return home from a neighbor's house. To prove the dog owner was negligent in the bite or attack, you must show that they had a duty of care for your safety against the dog. You need to prove they failed to provide this duty of care, and because of this, the dog bit or attacked you and you suffered damages in the attack.

New Jersey's Dog Bite Statute

Here's what New Jersey's dog bite law states, via N.J.S.A. s. 4:19-16:

“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.”

If you are on private property and have the owner's permission, or authorized under state or federal law or regulation, you are there legally.

"Strict Liability"

When it comes to dog bite injuries, New Jersey is regarded as a "strict liability" state. Therefore, even if the owner takes reasonable precautions to confine their dog, protect or warn other people from attack, and has no prior knowledge of the dog being dangerous, the owner can still be held legally responsible if it injures someone. In other words, the only thing a dog bite victim needs to show is that they were lawfully present on public or private property when they were bitten by someone's dog.

A victim of a dog bite may be eligible to receive financial compensation for losses related to the dog attack, such as:

• Medical costs
• Lost wages
• Pain and suffering
• Loss of quality of life related to injuries or permanent scarring from the dog bite or attack

You may be eligible to use your homeowner's or renter's insurance policy for coverage if your dog bites someone and you are determined to be liable. If the policy doesn't cover liability for accidents caused by your pet, you may need to purchase additional liability insurance or an add-on to your current policy.

What Happens to the Dog After It Attacks Someone?

A domestic animal that hurts someone in the state of New Jersey must be quarantined for ten days – the cost of which is covered by its owner. The local animal control or health officer will inspect the animal at the end of the quarantine period to determine whether it is sound and safe enough to be returned to the owner's care.

After such an attack, the owner may be required to post warning signs on their property or to keep the animal muzzled or locked up. The owner may be required to put the animal down if animal control finds that it is infected with harmful diseases or is too dangerous to be given back to the owner.

Get A Free Consultation From Our New Jersey Dog Bite Lawyers

Being bitten by a vicious dog can be a traumatizing experience that can completely upend your life. The experienced New Jersey dog bite lawyers of Brandon J. Broderick, Attorney At Law, have years of experience helping victims of dog attacks.

Contact our personal injury firm to learn more about your rights and how we can help you get the justice you deserve. Schedule your free consultation at any time by giving us a call. We are here for your 24 hours a day, 7 days a week.