Navigating the legal process after a dog bite can be complex and emotionally overwhelming. Unlike many other states, New Jersey has strict laws governing owner responsibility in these incidents. If you have sustained damages from a dog bite, understanding how liability is determined is the first step toward seeking the compensation you deserve. Reach out to an experienced Sussex County dog bite lawyer for more information today.
How Does NJ Law Handle Dog Bite Liability?
New Jersey follows a “strict liability” rule when it comes to dog bites, which is outlined in N.J.S.A § 4:19-16. This law makes it significantly easier for a bite victim to recover damages compared to many other states.
Under strict liability, the dog owner is held responsible for any injuries their dog inflicts, even if the owner had no prior knowledge that their dog was aggressive or had a history of biting. Essentially, if the dog bites someone who was lawfully in a public place or lawfully on the owner’s property (like a delivery person or invited guest), the owner is liable for the victim’s medical bills and other damages. As long as the victim was not trespassing and did not provoke the dog, the owner is generally considered responsible.
Can Insurance Cover Dog Bite-Related Damages?
Generally, the dog owner’s homeowners or renters insurance policy covers compensation for dog bite claims. These policies typically include liability coverage that pays for medical expenses, lost wages, and pain and suffering up to the policy limits. If the damages exceed the insurance coverage, or if the owner does not have insurance, the owner is personally responsible for paying the remaining compensation out of pocket.
How Can I Prove Liability for the Incident?
As established, New Jersey’s strict liability laws make it easier to establish the pet owner’s liability. However, you still need to establish a few key things.
The most important elements for proving the dog owner’s liability are:
- The defendant is the owner of the dog
- The dog bit you, and
- You were lawfully present where the bite occurred.
The law bypasses the need to prove owner negligence or that the owner knew the dog had a history of violence.
What is the One Bite Rule?
New Jersey’s strict liability law can be considered unique, as many other states impose the one bite rule. Under the one bite rule, a dog owner is generally only held liable for a dog bite injury if they knew, or should have known, that their dog had aggressive tendencies. This usually means the dog must have previously bitten someone or shown clear signs of aggression.
If a dog bites for the first time without any prior warning, the owner may not be held legally responsible in those states. Essentially, the victim must prove the owner was negligent in controlling a known aggressive dog. New Jersey’s strict liability rule removes this burden of proof.
