We Americans love our dogs, and for good reason. They are often loving and loyal members of our families. We must also remember that dogs can sometimes cause serious injuries to innocent people. For example, according to the Centers for Disease Control and Prevention (CDC):
- Approximately 4.5 million people are bitten by dogs each year
- Of those 4.5 million people, nearly 885,000 (almost 1 in 5) require medical attention for injuries related to those dog bites
- In a recent year, more than 31,000 people underwent reconstructive surgery as a result of being bitten by dogs
New Jersey's Dog Bite Statute Makes it Easy for Victims to Recover
Unlike many other states' dog bite statutes, New Jersey's statute does not require a dog bite victim to prove that the owner of the dog was negligent. Rather, under New Jersey's statute, a dog owner is held strictly liable for the harm his or her dog causes. What this means is that a dog bite victim need only prove that he or she was bitten by a dog and establish to whom the dog belongs.
As with other victim-friendly laws, however, there are some exceptions to the strict liability of dog owners provided for in New Jersey's dog bite statute. For example, if the dog bite victim was trespassing, there is no liability for the dog owner. The same is true where the dog bite victim's own negligence led to the dog bite, or where a third party's negligence led to the dog bite. In these cases, a victim may still recover if he or she can successfully prove negligence.
Potential Compensation for Dog Bite Injuries
If you or a loved one has suffered physical injuries as a result of being bitten by a dog, contact the lawyers at Villani & DeLuca, P.C. We will determine how your case fits New Jersey's statute, and, if we take your case, we will provide you with the steps to take after your dog bite and fight to get you the maximum recovery you deserve. Victims of dog bites in New Jersey may receive compensation for:
- Medical expenses
- Lost wages
- Loss of future earnings
- Pain and Suffering
- Medical expenses
- Lost wages
- Loss of future earnings
- Pain and Suffering
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Frequently Asked Questions
1. What is the "Strict Liability" rule for dog bites in New Jersey?
New Jersey follows a "strict liability" statute (N.J.S.A. 4:19-16), which is highly favorable to victims. Unlike states with a "one-bite rule," New Jersey holds dog owners responsible for damages the very first time their dog bites someone. You do not need to prove that the owner was negligent or that the dog had a history of aggression. As long as you were in a public place or lawfully on private property, the owner is liable for the bite. This remains the gold standard for any dog bite injury case in our state.
2. Can I still seek compensation if the dog didn't actually bite me?
Yes. While the strict liability statute applies specifically to bites, you can still pursue a claim if a dog caused you harm in another way—such as knocking you down or chasing you into traffic. In these "non-bite" scenarios, a dog bite lawyer would typically build a case based on negligence. This involves proving that the owner failed to exercise reasonable care (like failing to use a leash) or knew the dog had a dangerous habit of jumping on people.
3. What kind of damages are included in dog bite compensation?
Victims of dog attacks often face both physical and emotional hurdles. In New Jersey, a successful claim for dog bite compensation can include:
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Medical Expenses: ER visits, stitches, antibiotics, and physical therapy.
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Reconstructive Surgery: Compensation for plastic surgery to address permanent scarring or disfigurement.
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Lost Wages: Income lost if you were unable to work during your recovery.
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Pain and Suffering: This includes the psychological trauma, such as a new fear of animals or PTSD, which is common after an attack.
4. Does homeowners' insurance usually cover these injuries?
In the vast majority of cases, yes. Most dog bite injury cases are settled through the dog owner's homeowners' or renters' insurance policy. This means you are typically seeking compensation from an insurance corporation, not trying to take money directly from a neighbor's or friend's pocket. If the owner's insurance denies the claim or offers an unfair settlement, a personal injury attorney can step in to negotiate for the full value of your recovery.
5. How long do I have to file a dog bite lawsuit in New Jersey?
For most adults, the "statute of limitations" is two years from the date of the incident. However, there is a major exception for children: if a minor is bitten, the two-year clock typically does not begin until their 18th birthday. Regardless of the timeline, it is best to consult a dog bite lawyer early to preserve evidence like photos of the wound and witness statements.
Call an Experienced Dog Bite Lawyer to Discuss Your Case
If you have been the victim of a dog bite in New Jersey, the lawyers at Villani & DeLuca, P.C. will fight to get you the maximum compensation you deserve. The experienced dog bite lawyers at Villani & DeLuca represent clients throughout New Jersey. Call Villani & DeLuca at (732) 709-7757 today for a free initial consultation.