When a dog bite occurs in a public space, such as a sidewalk or park, victims often wonder if the location impacts their legal standing. In New Jersey, the law is very clear and favorable to the injured party. Dog owners are usually on the hook for what happens, regardless of where the incident took place. Keep reading as we explore what you need to know about these matters and how our dedicated Union County Dog Bite Lawyers can help you fight for fair compensation. 

Are You Protected by New Jersey’s Strict Liability Rules for Dog Bites?

New Jersey imposes a strict liability standard for dog-related injuries under N.J.S.A. 4:19-16. This “no free bites” policy ensures that owners are held accountable even if the animal has no prior history of aggression or known dangerous tendencies. To qualify for protection under this statute, a claimant must generally establish the following:

  • The defendant is the legal owner of the dog. 
  • The incident occurred in a public setting or while the victim was lawfully on private property. 

Does It Matter If the Dog Was on a Leash?

A dog’s status doesn’t affect the application of strict liability. Whether the canine was properly restrained or running at large, the owner remains liable for damages caused by a bite in a public space. 

Nevertheless, evidence that the owner violated local leash ordinances can provide significant supplemental support for your claim. Documenting such violations helps establish a broader pattern of owner negligence and strengthens the overall legal position of the injured party. 

Can a Dog Owner Shift Blame?

New Jersey allows owners to raise defenses based on comparative negligence. This means if an owner can prove that the victim provoked the animal or otherwise contributed to the incident, the victim’s financial recovery may be affected. 

Under the state’s modified comparative negligence standard, you can still recover compensation as long as your share of the fault does not exceed 50%. In such cases, your final award is simply reduced by your percentage of responsibility. Recovery is only barred entirely if the victim is found to be more than 50% at fault. 

Does the Bite Have to Break Skin?

No. New Jersey courts have held that legal action can be pursued for a “bite” even if it does not result in a skin puncture or laceration. Victims can pursue damages for various injuries resulting from the attack, including severe bruising, internal trauma, or secondary injuries sustained if the attack caused the victim to fall. 

Contact Lee Law Firm, LLC today to schedule a free consultation. Our legal team is ready to guide you through this complex process and fight for the compensation you deserve.