Understanding Dog Bite Laws in New Jersey

Who Can Be Held Responsible for a Dog Bite in NJ?

In NJ, the dog owner is responsible in a civil lawsuit under the state’s strict liability law; this applies whether the victim was on public property or on private property. The dog bite victim does not have to prove owner negligence or knowledge that the dog was vicious, or that the dog had bitten someone before their incident. The only exception to this is if provocation of the dog can be proven (young children are exempt from this liability).

The NJ statute of limitations for dog bites is two years unless the victim is a child; minors have until their 18^th birthday for that statute of limitations to begin (after which they have the same two years to file for damages).

Common Types of Injuries from Dog Bites

Common injuries from dog bites include lacerations and puncture wounds that vary in depth and severity and may require stitches. These wounds can also cause tissue damage beneath the skin (such as injury to muscles, tendons, ligaments, or nerves) or lead to infection if not properly treated. More severe injuries from dog bites are avulsions, when skin and muscle are torn away (causing disfigurement and requiring plastic or reconstructive surgery) and even fractures if the force of the bite is strong enough.

Less visible injuries from dog bites are chronic pain, reduced function of the affected area, and emotional distress.

What You Should Do Immediately After a Dog Bite

First, get away from the dog. Avoid eye contact, as dogs may take that as an aggression from strangers.

Document the incident as much as you can and file a report.

According to New Jersey dog bite laws, all dog bites must be reported to the local health department or police department; this will initiate a mandatory 10-day rabies quarantine. A treating physician must report the dog bite to authorities within 12 hours.
Get the dog owner’s contact information, the dog’s vaccination history (if possible) and the veterinarian’s contact information. Note the dog’s age, size, and breed.
Obtain the owner’s insurance information (homeowners insurance covers this under the personal liability section). All of this will be important later if you decide to file a dog bite injury claim.

Assess the severity of the dog bite to determine next steps.

A minor wound may just need a thorough washing, some antibiotic ointment, and a bandage.

If the wound is more serious, won’t stop bleeding, appears to be deep, or is showing signs of infection, or the dog’s vaccination status against rabies is unknown, seek medical attention. Obviously, in cases of severe damage (torn facial tissue, for example), go to a hospital right away.

If you are a dog owner, you need to be aware that your homeowner’s or renter’s insurance will provide coverage for the injuries you dog may cause, so more coverage is better. Also, make sure there is no exclusion for the breed of dog you own.

Do You Have a Dog Bite Injury Claim?

Dog bite injury claims are made against the dog owner’s insurance company. If you choose to go to court, that is a lawsuit against the at-fault party (dog owner). In some situations, the dog owner may not have insurance or the insurance company rejects your claim or offers an inadequate settlement amount; a dog bite lawsuit may be the only way to get just compensation.

You may have a dog bite injury claim if you have suffered short-term or long-term financial, physical, and/or psychological damages. It is important to contact a dog bite attorney to evaluate your documentation (medical records, economic damages, physical and psychological injuries, etc.) and guide you through the legal process.