When a dog bite changes your life, you need an attorney who understands New Jersey’s strict liability law, knows how to build a bulletproof case, and fights aggressively for maximum compensation. At Michael C. Kazer, P.C., we combine over three decades of trial-ready advocacy with direct attorney access, personalized investigation, and strategic negotiation to ensure that dog bite victims secure the justice and financial recovery they deserve.
New Jersey’s dog bite law imposes strict liability on dog owners, meaning victims do not need to prove negligence or prior knowledge of the dog’s viciousness. Under N.J.S.A. § 4:19-16, “the owner of any dog which shall bite a person … 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 powerful legal doctrine shifts the burden from the victim proving fault to the dog owner answering for their pet’s actions.
New Jersey departed from the common-law “one-bite rule,” which required a dog to have a known history of aggression before liability attached. Instead, strict liability ensures that a first-time attack is treated just as seriously as repeated assaults. The statute applies when the victim is in any public place or “lawfully on or in a private place, including the property of the owner of the dog”.
To establish a successful claim under New Jersey’s strict liability dog bite statute, a victim need only prove four basic elements:
The defendant owned or harbored the dog at issue.
There was a bite—defined as contact of the dog’s teeth with the victim’s person or clothing.
The victim was lawfully on public property or private property at the time of the attack.
The attack caused measurable injuries and financial losses.
Each element focuses on objective facts rather than the owner’s state of mind. Once these elements are established, New Jersey’s strict liability rule automatically applies.
Under this standard, victims are relieved of proving key defenses often required in other personal injury cases:
New Jersey law thus empowers first-time bite victims, ensuring they are not left without recourse simply because the dog had no prior history of aggression.
Although strict liability strongly favors victims, New Jersey recognizes a limited set of defenses that may reduce or bar recovery:
If the victim was unlawfully on the owner’s property (e.g., kang the burglar), liability generally does not attach.
Courts have held that if a victim intentionally provokes or tortures a dog—such as hitting or harassing it—this may negate liability.
Under N.J.S.A. 2A:15-5.1, a victim’s own negligence (e.g., ignoring clear warnings) may reduce awards proportionately. If a victim is more than 50 percent at fault, recovery is barred entirely.
Public entities (e.g., police dogs) are often shielded by the New Jersey Tort Claims Act (N.J.S.A. 59:5-4).
Defending against these exceptions typically requires careful case investigation—another reason to have a seasoned attorney on your side.
New Jersey imposes strict deadlines for filing a dog bite lawsuit:
Under N.J.S.A. 2A:14-2, victims must file within two years of the bite.
If the victim is under 18, the clock does not start until their 18th birthday, giving them until age 20.
In rare cases involving delayed symptoms, the “discovery rule” may apply.
Missing these deadlines typically results in a permanent loss of legal rights, so prompt action and consultation with an attorney are essential.
Se Habla Español.
Your road to justice starts now.
