Dog bites can cause both physical pain and emotional trauma to the victims of the attack. Victims often face medical expenses, lost wages, and long-term injuries. In New Jersey, dog owners are held strictly liable for dog bite incidents, meaning they are responsible for the actions of their pets, regardless of the breed or history of the animal. However, a common question that arises in dog bite cases is whether the breed of the dog matters in a lawsuit. Are certain breeds treated differently under New Jersey law, and do they affect the outcome of a dog bite case?
In this article, we will explore how New Jersey's dog bite laws apply to different dog breeds, whether breed-specific legislation exists in the state, and how the breed of a dog might influence a legal claim. If you’ve been involved in a dog bite incident, understanding these laws can help you with your claim.
Also, consulting with an experienced dog bite lawyer in NJ can be extremely beneficial. The lawyers at Brandon J. Broderick, Attorney at Law are available to discuss your case today. Call us to find out how we can help.
Understanding New Jersey's Dog Bite Laws
Strict Liability for Dog Owners
New Jersey is a strict liability state when it comes to dog bites, which means the owner is held responsible for injuries caused by their dog, regardless of the dog’s breed, temperament, or history. According to New Jersey Statutes Annotated 4:19-16, a dog owner can be held liable if:
- The dog bite occurred in a public place, or
- The bite occurred when the victim was lawfully on private property, including the dog owner's property.
Under this law, it does not matter whether the dog has previously exhibited aggressive behavior or whether the owner had any reason to believe their dog was dangerous. The owner is liable simply because the dog caused the injury. This strict liability applies regardless of the breed, making it clear that in New Jersey, the law does not automatically discriminate between different dog breeds when determining fault in a dog bite case.
Does Dog Breed Impact Liability?
In New Jersey, the breed of the dog does not automatically affect the liability of the dog owner in a dog bite case. While some people may believe that certain breeds, such as pit bulls, Rottweilers, or German Shepherds, are more dangerous, the state’s strict liability law makes no distinction between breeds. The law focuses on the fact that a bite occurred and the circumstances under which it happened, rather than the type of dog involved.
That being said, the breed of a dog could indirectly influence the perception of a case. For instance, if a dog has a reputation for being particularly aggressive or dangerous, it might play a role in determining whether additional damages are awarded for emotional distress or pain and suffering. Additionally, a dog’s breed could impact how an insurance company handles a claim. Some insurers may charge higher premiums or even refuse coverage for owners of certain breeds due to their perceived risk.
However, legally speaking, the breed of the dog does not absolve or enhance the owner’s responsibility under New Jersey law. Whether the dog is a Chihuahua or a Great Dane, the owner is still liable if their dog bites someone.
The Role of Dog Breed in Lawsuits and Settlements
Insurance and Dog Breeds
Although the breed of the dog does not impact liability under New Jersey law, it may play a role in how insurance companies handle dog bite claims. Some insurance companies maintain a list of "high-risk" breeds, such as pit bulls or Rottweilers, and may refuse to provide coverage to dog owners with these breeds. This can affect the ability of the victim to receive compensation through the dog owner’s homeowner's or renter’s insurance policy.
If the dog involved in the bite is a breed that is commonly associated with aggressive behavior, the insurance company may scrutinize the case more closely. However, the outcome of the claim will ultimately be based on the facts of the case, not the breed of the dog.
Emotional Distress and Breed Perceptions
In some cases, the breed of the dog might play a role in how the victim perceives the attack and the emotional distress they experience. If a victim was bitten by a breed commonly associated with aggression, they may suffer heightened fear and anxiety as a result. Emotional distress damages could be awarded based on the specific circumstances of the bite and the victim’s psychological impact, but it would still require proof that the distress was directly related to the bite and not just the breed’s reputation.
The victim’s emotional reaction to the attack may be taken into consideration in the settlement negotiations or at trial, but the breed itself is not a determining factor for liability.
Breed-Specific Legislation in New Jersey
New Jersey does not have any breed-specific legislation (BSL), meaning that no breed of dog is singled out for special regulation or restriction at the state level. While some states or municipalities may ban or restrict certain breeds, New Jersey has chosen not to adopt such laws. This is consistent with the state’s focus on strict liability for all dog bites, regardless of breed.
In the absence of breed-specific laws, each dog bite case is evaluated based on the specific facts and circumstances of the incident. Whether a dog is a Labrador Retriever or a Doberman Pinscher, the law treats the owner the same when it comes to liability for a bite.
While there are no laws regarding specific dog breeds, there is New Jersey’s Dangerous Dog Law, referred to as the "Vicious and Potentially Dangerous Dog Act," aims to safeguard the public from dogs that have exhibited aggressive tendencies. According to this legislation, a dog can be classified as dangerous if it has, without provocation, attacked and seriously injured or killed a person, or if it has caused severe harm or death to another domestic animal.
Preventing Dog Bites and the Importance of Responsible Ownership
While dog owners in New Jersey are strictly liable for bites, responsible ownership is key to preventing these incidents in the first place. Ensuring that dogs are properly trained, socialized, and restrained can significantly reduce the risk of a bite. Dog owners should take steps to prevent aggressive behavior, regardless of breed, and make sure their pets are always under control.
For those who have been injured in a dog bite incident, understanding the law and the role of dog breeds in personal injury claims is important for pursuing compensation.
Call Brandon J. Broderick For Legal Help
Navigating New Jersey dog bite claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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 consultation.