Filing Dog Bite Lawsuits in New Jersey

Reviewed by Daniel P. McNerney

Most of us love dogs. They are known as “man’s best friend” for a reason. They’re loyal, smart, and, most importantly, loving. There is no bond like the one between a dog and its owner. Unfortunately, certain dogs are neglected, poorly trained or are simply vicious by nature. Unfortunately, not all dog owners take the time to properly train their animals. Unsurprisingly, dogs who are not trained are very often not well-behaved. As such, there are laws in place throughout New Jersey that allow those injured by an animal to seek compensation and justice for the damages they have suffered as a result. If you have been attacked by a dog, there is a very good chance you now qualify for financial compensation that you may need to heal. Speak with our knowledgeable New Jersey personal injury attorneys today to learn more about how our firm can help you through the claims process ahead. Here are some of the questions you may have:

How do I know if I can sue a dog owner for an attack under New Jersey law?

To sue a dog owner for an attack, you will have to prove that you were attacked either while lawfully on the dog owner’s property, or that you were attacked while on public property. Generally, a dog bite qualifies for financial compensation thanks to New Jersey’s “vicious dog law.” Under this legal framework, a dog that attacks another person or kills a domestic pet may be officially labeled as “vicious.” This strict statutory liability is explicitly governed by New Jersey Statutes Annotated (N.J.S.A.) Section 4:19-16. Strict liability essentially establishes that a dog owner can face liability for the damages inflicted by their animal, even if they had no knowledge that their animal was dangerous.

That being said, if you taunted or harassed the dog, trespassed on the property where the animal was located, or held some level of responsibility for the attack, you may not win your lawsuit or recover financial compensation.

What legal penalties are imposed on a dog and its owner after a bite incident?

In the event your dog has attacked and/or bitten another person, you may be required to attend a court hearing to determine if your dog is “legally vicious or potentially dangerous.” If the court finds your dog legally vicious, the court may impose harsh administrative and legal requirements. This may include:

• Keeping the dog in a locked enclosure
• Erecting visible warning signs around your property
• Keeping the dog muzzled when in public
• Purchasing a special license that allows you to continue owning the dog

What steps should I take immediately following a dog attack?

After a dog attack, the first thing you should do is call the police or appropriate authorities, who will get you to safety, document the incident, and send an ambulance to the scene. From here, you should ask the dog owner for his/her contact information. Next, ask anyone who saw your accident for their contact information, and take pictures of any injuries you have sustained.

Additionally, you should attempt to recover any security camera footage of the incident as it happened. In the event you are unable to recover surveillance footage of the attack, you should also gather all medical records related to the injuries you have suffered. Seeking medical attention after being treated at the hospital has the dual benefit of ensuring you can receive the necessary treatment for your injuries while also establishing immediate medical carecal care after the accident. This can help link your injuries to the attack.

Finally, retain the services of an experienced New Jersey personal injury attorney who knows how to satisfy the burden of proof, and win you the compensation you deserve. This critical compensation may go directly toward covering your medical bills, the ongoing cost of in-home care, lost wages, and more. Do not suffer on its own.

What is the statute of limitations for filing a dog bite lawsuit in New Jersey?

Every state has a statute of limitations in place when it comes to personal injury claims, and New Jersey is no different. Though it may be tempting to wait to see if your injuries get better on their own without having to sue, we cannot advise you to do so. The statute of limitations for personal injury claims in New Jersey is two years, meaning you will have two years from the date of your incident to take legal action against the negligent dog owner. Do not wait any longer than two years, for if you do, you will most likely be permanently barred from suing. We are ready to fight for your right to a swift recovery today. This rigid two-year limitation is strictly enforced in accordance with N.J.S.A. Section 2A:14-2.