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A dog bite can result in serious injury and scarring. In New Jersey, the law provides for strict liability against the owner of a dog regardless of the prior propensities of the dog to bite, as long as the statutory requirements are met.
N.J.S.A. 4:19-16 (Liability of owner regardless of viciousness of dog) provides as follows:
“The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner’s knowledge of such viciousness.
For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.”
Based on the law, three elements of the statute must be met to recover for a dog bite injury in New Jersey based on strict liability. The person bitten by the dog bite must show the following:
When these three elements of the statute are satisfied, the owner of the dog that bite the injured party is strictly liable for the injury caused by the dog bite, regardless of the owner’s prior knowledge of the dog’s propensity to bite.
Landlords have certain legal responsibilities to keep their premises in a reasonably safe condition, free of known defects and hazards.
In the case of a dog bite where the landlord is not the owner of the dog that bit someone, New Jersey courts have ruled that to find the landlord responsible for the dog bite, the person who sustained an injury as a result of the dog bite must prove that the landlord knew or should have known of the dog’s vicious propensity to bite.
If it is established that the landlord knew of the dog’s vicious propensity to bite, the landlord may be found liable for the injuries caused by the dog bite.
If you or a loved one has been bitten or attacked by a dog, our New Jersey lawyers will seek to get you the maximum compensation for your pain and suffering, medical expenses, lost wages, and other damages. We know the law and how to get results! We are here to fight for you!
New Jersey Dog Bite Attorneys