New Jersey Dog Bite Attorney
In New Jersey, dog bite lawyers do not need to show that a dog had a vicious propensity or prove that a dog was dangerous in the past. The owner of the dog is strictly liable, unless the animal was provoked.
New Jersey is among the majority of American states that makes a dog owner legally liable for all of the damages inflicted upon a dog bite victim, even if the dog had never previously exhibited the propensity to bite humans. This liability results from New Jersey Statutes, section 4: 19-16, which reads as follows:
4:19-16. Liability of owner regardless of viciousness of dog
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.
For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.
To recover under N.J.S.A. 4:19-16, a plaintiff must prove only that the defendant owned the dog, that the dog bit the plaintiff, and that the plaintiff was in a public place or lawfully on the owner's property. The statute does not apply if the victim was trespassing without criminal intent, or the injury was not caused by a bite, or the target defendant was not the dog's owner. However, a cause of action also can be based upon common law strict liability for scienter, negligence, and negligence per se. DeRobertis v. Randazzo, 94 N.J. 144 (1983).
Call or e-mail the Foulke Law Firm in Wyckoff, New Jersey to schedule a free initial consultation regarding a dog bite.