What are New Jersey’s Dog Attack Laws?

A dog attack is one of the most traumatic experiences any person can live through, and it triggers a deep, instinctual fear of predators that every human has. At the end of the day, dogs are simply variants of wolves – some of the most devastating hunters the animal kingdom has ever produced. Even a small dog is capable of causing untold damage to victims, especially the most vulnerable members of our society. If you have experienced a dog attack firsthand, you might be wondering what kind of laws New Jersey has on this matter. How does the State protect dog attack victims, and what kind of legal options are available for those seeking justice and compensation?

Dog Bites Fall Under Strict Liability in New Jersey

From a plaintiff’s point of view, one of the most important dog attack laws in New Jersey involves a legal concept called “strict liability.” There are only a few types of lawsuits that fall under strict liability in the Garden State, and a dog bite lawsuit is one of them. To understand how this works, it is first necessary to understand how normal injury lawsuits work.

If strict liability does not apply, plaintiffs must establish negligence. There are four elements of negligence, including duty of care, breach of duty, causation, and injuries. In other words, plaintiffs must show that the defendant should have acted more carefully, that they failed to do this, and that this failure led directly to real injuries. Plaintiffs must establish that all of these factors were present if they wish to recover any compensation.

If strict liability applies, it is not really necessary to establish that negligence led directly to the injury. The only requirement is to show that the injury genuinely occurred and that real injuries resulted. In the context of a dog bite, this means that there is very little that a dog owner can do as they attempt to dodge liability. Even if they show the court that they were the most careful, safety-conscious dog owner in the world prior to the attack, this will do little to sway the final decision of the court. In other words, it is (at least in theory) easier to sue for a dog bite attack than many other types of accidents in New Jersey.

How Trespassing Affects Dog Bite Lawsuits in New Jersey

Another important law that affects dog bite lawsuits in New Jersey is the state’s trespassing statute. Simply put, a dog owner is not liable for injuries caused by their animal if the victim was trespassing at the time of the attack. This means that it is important to examine what actually “counts” as trespassing in the State of New Jersey.

Under New Jersey law, trespassing occurs when a defendant goes onto another person’s property without their permission. This could be a home, a business, a government facility, or any other type of property. Generally speaking, wandering into someone else’s property without realizing it is not a valid defense to trespassing. If you get lost in a forest and find yourself in someone else’s backyard, you are still trespassing – and you may lose the ability to sue if a dog attacks you.

That being said, there are many ways in which someone can sue, even if they were on someone else’s property at the time of the dog bite. The obvious example involves a delivery person, a mail carrier, or anyone else conducting a lawful duty on someone else’s property. If you are required to enter someone else’s property as part of your job, you are not trespassing – and you still have the ability to sue if you are attacked by a vicious dog.

Another example involves a commonly-used pathway that cuts through someone else’s land. For example, a trail might lead through a forest in a rural community – serving as a “shortcut” to the local convenience store. If the property owner becomes aware that people are regularly cutting across their property but does nothing to discourage this, they are essentially giving their permission – and it ceases to be trespassing.

Where Can I Find a Qualified Dog Bite Attorney in New Jersey?

If you have been searching for an experienced dog bite attorney in New Jersey, look no further than Lependorf & Silverstein. During a consultation with us, you can learn more about the specific New Jersey laws that might apply to your case. Each dog bite incident is slightly different. While an online article can provide you with general knowledge, a personal injury attorney can guide you toward legal action in a much more targeted, personalized manner based on your unique needs. Book your consultation today to begin this important discussion.