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New Jersey's strict-liability dog bite statute

The statute is short, old and broad. Knowing its three elements tells you how much risk a powerful dog adds.

German Shepherd running across a garden lawn

What the text says

N.J.S.A. 4:19-16 makes the owner of a dog that bites a person in a public place, or lawfully on private property including the owner's own, liable for the damages suffered. It applies regardless of the dog's former viciousness or the owner's knowledge of it.

A a 2023 Appellate Division opinion quotes the New Jersey Supreme Court as saying the Legislature expanded liability by adopting strict liability for dog-bite cases that meet the statutory terms.

The three elements

The dogbitelaw.com summary of New Jersey law lists what a plaintiff must prove: the defendant owned the dog, the dog bit the plaintiff, and the plaintiff was in a public place or lawfully on private property. It also reports that a trespasser with criminal intent is not covered.

Bites without broken skinIn DeVivo v. Anderson, a Superior Court judge held that a bite under the statute does not require broken skin. Do not assume a nip is harmless in the eyes of the law.

Who counts as an owner

The dogbitelaw.com summary of New Jersey law notes that an Appellate Division decision, Pippin v. Fink, held a domestic partner who appeared to be an owner of the dog liable as an owner. Sharing a dog can mean sharing the exposure.

Before the dog comes home

Call your homeowner or renter insurer and ask whether the breed or purpose of the dog changes coverage. Read lease and association rules too; the statute does not override them.

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