Dog bite injuries can lead to severe physical and emotional trauma, and understanding the laws surrounding such cases in New Jersey is critical for victims seeking justice. A key question often arises during these cases: Does the breed of the dog influence the outcome of a lawsuit? While New Jersey's dog bite laws are considered strict liability laws, meaning dog owners are generally held liable regardless of their dog's breed or past behavior, certain nuances and factors can shape the trajectory of these cases. Below, we explore the role of dog breed in dog bite lawsuits, along with the legal framework that governs such claims in New Jersey.

Strict Liability Law in New Jersey

New Jersey follows a strict liability standard when it comes to dog bite cases, codified in N.J.S.A. 4:19-16. Under this statute, dog owners are liable for injuries caused by their dog if:

1. The victim was lawfully on the property or in a public space.
2. The victim did not provoke the dog.

This means that the owner can be held responsible for the bite regardless of whether the dog had a prior history of aggression or whether the owner took precautions to prevent such incidents. Unlike states that require proof of negligence or a dog's dangerous propensity, New Jersey simplifies the burden of proof for victims.

Does Breed Influence Legal Liability?

The breed of the dog does not inherently affect the legal liability of the owner under New Jersey's dog bite statute. Whether the dog is a Pit Bull, German Shepherd, Chihuahua, or any other breed, the same strict liability principle applies. However, dog breed may still become a relevant factor in the following circumstances:

1. Public Perception and Jury Bias

While dog breed is not legally relevant under strict liability laws, it can subconsciously influence the perception of a jury or judge. For example, certain breeds, such as Pit Bulls and Rottweilers, are often stereotyped as more aggressive due to their portrayal in media and higher representation in bite statistics. Conversely, smaller breeds, like Dachshunds or Poodles, might not evoke the same level of perceived danger. This perception can subtly impact settlement negotiations or trial outcomes.

2. Insurance Coverage Issues

Dog breed can play a role when it comes to homeowner or renter insurance policies. Some insurance companies maintain breed-specific exclusions, refusing coverage for breeds they consider high-risk. Breeds like Pit Bulls, Dobermans, and Akitas are commonly excluded from coverage. If a dog owner's policy does not cover the breed involved in the incident, it could complicate the victim's ability to recover damages.

3. Dangerous Dog Classification

New Jersey law allows for dogs to be classified as "potentially dangerous" or "dangerous" if they have previously attacked someone or shown a tendency toward aggression. If the dog in question belongs to a breed often associated with aggressive behavior, it may be more likely to face this classification after a bite. While this does not affect the liability under the first incident, it could impact subsequent legal issues, such as penalties or mandated control measures.

Statistics on Dog Bites and Breeds

To contextualize the role of dog breed in bite cases, it's worth examining national and state-level statistics:

• According to the American Veterinary Medical Association (AVMA), approximately 4.5 million dog bites occur annually in the United States, with about 800,000 requiring medical attention.
• A report by the Centers for Disease Control and Prevention (CDC) found that certain breeds are disproportionately involved in severe attacks. However, the CDC also emphasizes that breed alone is not a reliable predictor of dangerous behavior, as factors such as training, socialization, and environment play significant roles.

In New Jersey, local ordinances and data often reflect similar trends. Municipalities may implement breed-specific regulations or policies, even though state law does not distinguish liability based on breed.

Proving a Dog Bite Claim in New Jersey

Victims of dog bites must establish the following elements to successfully pursue a claim:

1. Ownership: Proof that the defendant owns the dog.
2. Location: The bite occurred in a public place or while the victim was lawfully on private property.
3. Injury: Demonstrable harm resulted from the bite, such as physical injuries, scarring, or emotional trauma.

Additional evidence, such as medical records, photographs of injuries, and witness statements, can strengthen a claim. An experienced attorney can help victims navigate these requirements and ensure fair compensation.

Compensation in Dog Bite Cases

Victims of dog bites in New Jersey may recover damages for:

• Medical expenses: Emergency care, surgeries, physical therapy, and future medical needs.
• Lost wages: Compensation for time missed at work because of recovery.
• Pain and suffering: Physical pain, emotional distress, and diminished quality of life.
• Permanent disfigurement: Scarring or other lasting injuries.

In severe cases, such as those involving children or attacks leading to fatalities, punitive damages may also be pursued.

Preventative Measures

Dog owners can reduce the risk of liability by taking responsible steps, such as:

• Properly training and socializing their pets.
• Restraining dogs in public with leashes or harnesses.
• Posting warning signs on their property if a dog has a history of aggression.

Conclusion

While the breed of a dog does not affect the strict liability framework in New Jersey, it can influence certain aspects of a dog bite lawsuit, such as public perception or insurance coverage. Ultimately, the focus remains on the actions of the dog and its owner, not the breed itself. Victims of dog bites should consult with a knowledgeable attorney to understand their rights and secure the compensation they deserve.

Call Brandon J. Broderick For Legal Help

Navigating New Jersey personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced dog bite lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.