New Jersey dog bite statute

What does New Jersey's dog bite statute say?

New Jersey's dog bite statute imposes strict liability on an owner whenever their dog bites someone in a public place or lawfully in a private place, including the owner's own property.

Strict liability means fault is irrelevant. It does not matter whether the owner knew the dog might bite, took every precaution, or had no history of aggression with that animal at all.

This departs from the traditional one bite rule that many other states still apply, which required proof the owner knew of a dangerous propensity.

New Jersey's approach reflects a policy judgment that owners, not victims, should bear the risk of harm their animals cause.

What must be shown?

The elements are narrower than most negligence claims, which is what makes strict liability advantageous.

• The dog bit the person, as opposed to another type of injury
• The person was in a public place, or lawfully in a private place
• No proof of prior dangerous propensity is required
• No proof the owner was careless is required

What is the lawful presence requirement?

The victim must have been somewhere they were legally entitled to be. A mail carrier, a guest, a delivery driver and a neighbor visiting are all lawfully present.

A trespasser generally falls outside the statute's strict liability protection, though a separate negligence claim may still be available in some circumstances.

This requirement is rarely contested in practice, since most bite victims are guests, workers or passersby whose presence was plainly lawful.

What defenses are available?

Comparative negligence remains available, so provoking the dog or otherwise contributing to the incident can reduce recovery.

Trespass is the other significant defense, since the statute does not extend strict liability to someone unlawfully on the property.

Because the statute addresses bites specifically, an injury from being knocked over or scratched by a dog may require an ordinary negligence claim instead.

New Jersey's homestead protections generally do not shield a homeowner from a dog bite claim, since liability is typically satisfied through homeowner's insurance rather than personal assets.

Common questions

Does the owner have to have known the dog was dangerous?

No. New Jersey's strict liability standard does not require any showing of prior dangerous propensity or fault.

What if I was bitten on the owner's property as a guest?

You were lawfully present, which satisfies the statute's requirement, and strict liability applies regardless of any known history.

What if the dog knocked me down without biting me?

That falls outside the strict liability statute, which addresses bites specifically, though an ordinary negligence claim may still be available depending on the circumstances.

Is homeowner's insurance likely to cover this?

Most homeowner and renter policies include liability coverage for dog bites, subject to certain breed or bite history exclusions some insurers apply. Identifying the applicable policy early is important, since that coverage is typically what a bite claim is paid from rather than the owner's personal assets.