New Jersey Dog Bite Laws

Dog attack fatalities in the United States have escalated, with a total of 468 deaths recorded within a 10-year period. Notably, New Jersey witnessed a harrowing incident in 2021: the death of three-year-old Aziz Ahmed at the hands of his neighbor’s dogs. 

Following the tragedy, New Jersey lawmakers proposed a bill that establishes more stringent guidelines for dog responsible dog ownership. If it becomes a law, the bill, NJ A2379, will penalize dog owners if they let their dogs roam in public spaces without a leash and the animal injuries or kills a child.

This article equips dog owners and victims with essential knowledge for navigating the complex issues associated with New Jersey dog bite laws. It covers the liability standards, the statute of limitations for filing a claim, and the penalties for owners. Further, the article includes a compilation of legal resources for individuals impacted by dog bites in New Jersey. Understanding these laws and taking advantage of the resources offered by the Garden State are critical to fostering safer communities and preventing similar future tragedies. 

Dog Owner Responsibilities in New Jersey

In New Jersey, the legal definition of a dog owner extends beyond just having property rights over the dog. It includes anyone who keeps or cares for the dog. Dog owners in the state have the following responsibilities:

• Have the dog vaccinated by a licensed veterinarian. Exempt from this requirement are dogs training to become guide or service dogs in foster care. 

• Apply for a license and metal registration tag at their local municipality. This applies specifically to owners of dogs that are old enough for licensing. The owner must attach the tag securely to the dog’s collar or harness. 

• Observe regulations on dogs that have been declared potentially dangerous. These include informing the relevant authorities if the dog escapes, attacks a person, or kills another animal. 

New Jersey prohibits local entities from enacting breed-specific laws, such as pit bull bans. However, this doesn't mean a complete ban on all breed-specific legislation. Instead of restricting specific dog breeds, the state established the Vicious and Potentially Dangerous Dog Act. This law provides detailed guidelines for addressing dogs proven to be potentially dangerous, focusing on individual behavior rather than specific breed criteria.

Liability Standards in New Jersey Dog Bite Cases

Strict liability standards apply in dog bite cases in New Jersey. These rules make a dog owner automatically responsible for any harm their pet causes. This liability applies whether the person bitten is in a private or a public place where they have the right to be. The local board may serve a notice mandating the dog's confinement at the owner’s expense for at least 10 days after the incident. 

When establishing liability in dog bite cases, the dog’s previous behavior or the owner’s awareness of the dog’s dangerous potential is irrelevant. Determining negligence in these cases does not require proving the owner’s carelessness. The focus is solely on the fact that the bite occurred.

When facing a dog bite lawsuit in New Jersey, dog owners may use a few possible defenses, such as: 

• The plaintiff’s negligence contributed to the incident. This defense is based on the Comparative Negligence Act. If the plaintiff had overlooked safety, leading to the dog bite, the blame could partly be attributed to them. As a result, the plaintiff may either be completely barred from recovering damages or receive a reduced claim.

• The victim is a trespasser. Per the state’s dog bite statutes, specifically N.J.S.A. 4:19-16, an owner could be held liable for damages if the bite occurred in a place where they are legally allowed to be. Therefore, if the victim was not legally allowed on the property at the time of the incident, the owner can use this fact as a legal defense.

Statute of Limitations in New Jersey for Dog Bite Cases

The New Jersey statute of limitations for dog bite claims aligns with the general timeline for personal injury cases, which is two years. This two-year window in which the plaintiff must file a lawsuit starts on the incident date.

This deadline aims to ensure that cases are filed while the evidence is still relevant. If the lawsuit is filed after the two-year window, the court will likely dismiss the case, and the plaintiff’s opportunity to recover damages could be entirely lost. Hence, for dog bite victims in New Jersey, strictly adhering to these timelines is crucial. 

Civil Penalties for Dog Bites in New Jersey

In New Jersey, people found to be at fault for dog bite incidents may be subject to civil penalties, as stipulated in N.J.S.A. 4:19-15.19. Serving as a deterrent and punishment, these penalties aim to reduce the number of dog bite incidents by making pet owners responsible and stressing the significance of adhering to dog bite laws.

New Jersey has established clear standards for handling dog bite infractions. The penalties for violating the state’s dog bite laws vary based on the type of offense. For a first-time violation, the fine ranges from $1 to $50. For subsequent offenses, the penalty should not be less than $5 and can go up to $50 for each offense. These fines are collected by the Commissioner of Health, the local board of health of the municipality, or the municipality itself, depending on the case.

Criminal Penalties for Dog Bites in New Jersey

In New Jersey, there are currently no criminal penalties specifically for dog bites. Due to the absence of legal provisions, the dog owners in the Aziz case were not held criminally liable. This lack of targeted laws leaves prosecutors powerless to press charges against negligent dog owners.

Recognizing this gap, New Jersey legislators are advocating for the "Responsible Dog Ownership Act.” This initiative aims to introduce stricter requirements for dog leashing and fencing, along with criminal penalties for owners whose dogs cause severe injury or death. The proposed penalties are listed below:

Another angle to make a dog owner criminally liable is to consider the case an act of reckless behavior that puts another person at risk of physical harm. The punishment is up to $1,000 in fines or six months in jail. 

This offense is classified as a fourth-degree criminal offense if the conduct knowingly puts a person in danger of severe bodily harm. The penalties for such an offense are fines and up to 18 months in jail. Any action leading to death is considered a third-degree crime charge, carrying a punishment of three to five years in prison or fines up to $15,000.

Reporting and Handling Dog Bite Incidents

After getting bitten by a dog, it’s critical to put your health first — seek medical assistance immediately to assess and treat any injuries. In addition to guaranteeing your safety, your medical records can serve as essential proof for any compensation claims should you decide to pursue legal action.

Next, report the incident to your local animal control department. This division, which is usually part of the local or county government, can handle dangerous animals and take appropriate measures. It's also essential to alert local law enforcement regarding cases where the dog owner's negligence is evident or where laws have been violated. Obtaining a copy of the police report is vital for legal and insurance purposes.

If you get bitten by a dog while at work, immediately inform your supervisor or human resources department. This action is vital for workplace safety evaluation and workers' compensation claims, ensuring you receive medical and financial support without undue delay.

How To Find a Dog Bite Attorney in New Jersey

Initiating a dog bite lawsuit in New Jersey calls for selecting an experienced lawyer with a notable track record of success. You should begin your search by consulting reputable directories that list dog bite lawyers in your area. Such resources are invaluable in identifying legal professionals adept in the intricacies of New Jersey’s dog bite statutes. 

The success of your cases hinges significantly on your chosen legal counsel. By carefully assessing lawyers’ past achievements and client reviews, you can choose an attorney who is prepared to represent you and help you obtain the compensation you deserve. 

Other Resources for Dog Bite Victims in New Jersey

Legal Services of New Jersey

Legal Services of New Jersey ensures fairness and justice for all, especially those facing economic challenges. Its services extend to indigent New Jerseyans, including victims of dog bites, who seek legal help but cannot afford a lawyer. LSNJ focuses on fundamental needs while also aiming to address broader community issues. Its priority is to prevent recurring legal problems for the economically disadvantaged. 

To reach LSNJ for assistance, use the following contact information:

Legal Services of New Jersey
P.O. Box 1357, Edison, NJ 08818-1357
Contact number: 732-572-9100 

New Jersey Department of Health

Focused on protecting the health and safety of all residents, the New Jersey Department of Health addresses and manages health concerns arising from dog bites, such as the risks of rabies and infections.

NJDOH assures compliance with New Jersey laws, including dog bite statutes, by working with various stakeholders and actively engaging with the legislation process. In addition, the department provides essential services to uphold public health, such as immunization programs and educational campaigns.

For individuals impacted by dog bites, the department can be reached through multiple channels:

• Main line: 1-800-367-6543

• Commissioner's Office: 609-292-7838

• After-hours number: 609-392-2020

New Jersey Office of the Attorney General and the Department of Law & Public Safety

The mission of the New Jersey Office of the Attorney General and the Department of Law & Public Safety is to ensure the safety and well-being of all residents and visitors. While its primary focus is on broader issues such as law enforcement, civil rights, and emergency response, it also extends support to residents affected by dog bites by providing legal advice. 

Under the leadership of the Attorney General, the department assists victims of dog bites by advocating for their rights and providing guidance on legal recourse. New Jerseyites can file a complaint or make service requests using the forms on the office’s contact page.

South Jersey Legal Services, Inc.

South Jersey Legal Services, Inc. provides expert legal help to low-income individuals, including dog bite victims, in New Jersey. With a history spanning over five decades, SJLS offers quality legal representation and advocacy as part of the statewide Legal Service of New Jersey network. 

Victims of dog bites seeking assistance can apply online for support or call 1-800-496-4570 during business hours, from 8:30 a.m. to 4 p.m. Additionally, contacting one of the nonprofit’s local offices directly is another way to obtain legal aid.