This page explains how and why bites occur, the injuries they cause, and the legal tools available to New Jersey victims. If you have been bitten or injured by a dog in New Jersey, our dog bite attorneys can help you claim your rightful compensation. Call us today and schedule a free consultation.
How and Why Dog Bite Incidents Occur
Although news headlines sometimes single out certain breeds, most attacks trace back to human error or specific environmental triggers, not genetics. Below is a closer look at the circumstances that regularly set the stage for a bite in New Jersey neighborhoods, apartment complexes, and commercial districts.
- Unrestrained Pets in Public: Even a normally calm dog can react unpredictably when approached by runners, children on scooters, or other animals. An unsecured collar, a snapped leash clip, or a momentary slip from a distracted owner lets the animal bolt. Because startled dogs default to fight-or-flight, they often lunge or nip before the person sees the warning signs, like body stiffening, lowered head, and hardened stare.
- Improper Confinement at Home: Fences develop gaps, gates don’t always latch, and cords used as makeshift tethers can fray. Once a territorial animal escapes the yard or front door, it perceives anyone in sight as an intruder. Serious street-level bites frequently involve dogs that “got loose just this one time,” underscoring an owner’s ongoing duty to maintain secure containment.
- Protective or Territorial Behavior: Postal carriers, utility technicians, and delivery drivers legally enter private property every day. Dogs interpret these uniformed visitors as threats, especially if prior encounters involved shooing motions or loud drop-offs. Even well-socialized pets will escalate from barking to biting when they believe their family or territory is in danger.
- Negligent Handling: Mobile phone distractions, retractable leashes that extend far beyond arm’s reach, and handlers juggling multiple dogs reduce an owner’s ability to react. A momentary tug on the leash, often to greet another pet, can turn into a full-force bite if the handler cannot reel the dog back in time.
- High-Risk Commercial Settings: Dog day care centers, grooming shops, and pet-friendly apartments in New Jersey pack unfamiliar animals into confined spaces. Pack mentality takes over quickly, and a single growl may spark a chain reaction. Inadequate staffing, poor segregation by size or temperament, and lax leash policies magnify the danger, leading to multivictim attacks.
New Jersey’s strict liability statute treats every dog equally. Courts focus on the circumstances surrounding the bite, like owner control, leash laws, and victim status, not on whether the animal is a “dangerous breed.” Training, socialization, and responsible supervision remain the best predictors of safety.
Common Injuries in New Jersey Dog Bite Cases
A dog’s teeth and jaw structure are designed to grip and tear, traits that, when turned on humans, produce injuries far beyond surface punctures. Because children’s heads and faces are at the same height as many dogs’ mouths, youngsters often suffer the worst harm. Below are the injury patterns our firm sees most frequently, along with the medical and legal implications of each.
- Puncture Wounds and Lacerations: Dog teeth create deep, ragged punctures that trap saliva and bacteria. Irregular edges complicate suturing, raising the chance of widened scars and infection. Emergency room physicians often leave wounds partially open to drain, necessitating multiple follow-up visits and increasing scarring risk.
- Nerve Damage: Bites to hands or faces can sever sensory and motor nerves. Victims may lose fingertip sensation, grip strength, or partial facial movement, impeding daily tasks and certain occupations. Electromyography studies and nerve conduction tests become critical evidence for future loss claims.
- Crush Fractures: With bite forces approaching 450 PSI, a medium-sized dog can splinter metacarpal or forearm bones. Surgical repair using plates and screws is common, followed by months of physiotherapy. Orthopedic hardware increases the likelihood of arthritis, justifying future medical projections in settlement calculations.
- Facial Scarring: Plastic surgeons classify bites by depth and anatomical zone. Scars across the vermilion border of the lip or around the eye orbit require meticulous layered closure and often revision surgery or laser resurfacing. Visible facial scars substantially elevate noneconomic damages for disfigurement and emotional distress.
- Serious Infections: While rabies is statistically rare, New Jersey doctors routinely administer post-exposure prophylaxis if vaccination status is uncertain. More prevalent are bacterial infections such as MRSA, Pasteurella, or Capnocytophaga, which can trigger sepsis in immunocompromised victims. Hospital stays and IV antibiotics drive up economic damages.
- Psychological Trauma: Many victims, especially children, develop post-traumatic stress disorder (PTSD) or cynophobia. Nightmares, flashbacks, and avoidance of dogs can disrupt schooling, employment, and social life. Mental health professionals provide diagnostic assessments that translate invisible injuries into compensable losses.
- Catastrophic Outcomes: Severe maulings may involve degloving injuries, limb amputations, or exsanguination. Such cases often demand life-care planning for prosthetics, home modifications, and vocational retraining, topics addressed in depth on our Catastrophic Injuries page.
Understanding the full medical trajectory of these injuries enables our legal team to demand compensation that reflects both immediate treatment and lifelong impact, covering physical rehabilitation, psychological counseling, and future surgical needs.
New Jersey’s Dog Bite Statute – N.J.S.A. 4:19-16
1. Strict Liability Standard
“
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… 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.”(
N.J.S.A. 4:19-16)
Unlike “one-bite” states that require proof of prior aggression, New Jersey places the burden squarely on the owner from the first bite.
2. What the Victim Must Prove
- Ownership of the dog.
- Occurrence of a bite (scratches alone do not invoke the statute, though they may support negligence claims).
- Lawful Presence: The victim was in a public place or legally on private property (invited guest, postal worker, or person performing statutory duty).
3. Recognized Defenses
- Trespass: An adult burglar bitten while breaking into a house in New Jersey may be barred from recovery.
- Provocation: Deliberately taunting or assaulting the dog can reduce or eliminate damages under comparative-fault rules.
- Comparative Fault: A jury may apportion fault if, for example, an adult ignores posted warnings to leave a service dog alone.
4. Landlord and Property Owner Exposure
New Jersey landlords are not automatically liable under 4:19-16, but they can be sued for negligence if they knew a tenant’s dog posed a danger and failed to act.
5. Leash Law Violations as Negligence Per Se
Most New Jersey municipalities require dogs to be leashed in public. If a bite occurs while the dog is running loose, that ordinance breach constitutes automatic evidence of negligence, even if the injury is a knockdown rather than a bite.
Liability Beyond the Statute
Negligent Handling & Control
A dog that lunges and knocks a cyclist into traffic may cause severe injuries without ever biting. Victims can pursue negligence claims by showing the owner failed to maintain reasonable control.
Aggravated Circumstances
If an owner intentionally commands a dog to attack, punitive damages may be available, especially where the animal was trained for aggression.
Third-Party Defendants
Dogsitters, kennel operators, groomers, or property managers who violate safety protocols share liability. Insurance policies for these businesses often provide substantial coverage.
Homeowners & Renters Insurance
Most homeowner policies cover dog bites, but some exclude certain breeds or cap payouts. We explore umbrella policies and landlord coverage to uncover additional limits when medical bills exceed primary coverage.
Steps to Take After a Dog Bite in New Jersey
- Seek Immediate Medical Care: Rabies prophylaxis is time sensitive; deep wounds require professional debridement.
- Identify the Dog and Owner: Photograph the animal, owner, and any visible tags; obtain contact information.
- Report the Incident: File a complaint with local animal control or police; the record establishes date, time, and vaccination status.
- Document the Scene and Injuries: Take photos of bite marks, torn clothing, and the location where the attack occurred.
- Preserve Evidence: Keep blood-stained clothing and medical records; do not wash items until counsel advises.
- Avoid Recorded Statements: Insurance adjusters may call within hours; politely decline until you have legal representation.
How an Attorney Can Help After a New Jersey Dog Bite Incident
Retaining experienced counsel does far more than shift paperwork off your plate; it dramatically improves the quality of the evidence, the size of the insurance pool, and ultimately, the value of your recovery.
- Comprehensive Investigation: Within hours of taking a case, we can order the police report, file an Open Public Records Act request for the animal control file, and subpoena any prior bite complaints or quarantine notices. We also obtain the dog’s vaccination history and veterinary records to confirm ownership and temperament. High-resolution photographs of wounds, torn clothing, and the scene of the attack preserve details that heal or disappear with time.
- Medical and Psychological Documentation: Plastic surgery specialists, infectious disease physicians, and mental health professionals in New Jersey can translate raw medical charts into clear reports that forecast future needs, such as scar revision surgery, laser resurfacing, trauma therapy, or prosthetic digits. These expert opinions transform what an insurer might dismiss as speculation into quantifiable, courtroom-admissible damages.
- Insurance Policy Analysis: Most New Jersey homeowners' and renters' policies provide at least $300,000 in liability limits, and many owners carry umbrella coverage that starts at $1 million. We obtain full declaration pages and investigate whether landlords, property managers, or commercial kennels have separate policies that can contribute. In multidefendant cases, we “stack” these coverages to close gaps in medical bills and wage loss.
- Negotiating Medical Liens: Health insurers, Medicaid, and even veterinary clinics that supplied post-exposure rabies prophylaxis all have reimbursement rights. Our New Jersey firm can negotiate lien reductions, sometimes by 30 to 40 percent, so more of the settlement ends up in your pocket, not repaid to carriers.
- Litigation Readiness: If a reasonable settlement isn’t forthcoming, we can file suit, conduct depositions, and prepare demonstrative exhibits, such as 3-D scar models or day-in-the-life videos, that resonate with juries.
Damages and Compensation Available
New Jersey law allows victims to pursue a full spectrum of losses.
Economic damages cover measurable costs: emergency room care, hospitalization, rabies prophylaxis, antibiotics, wound rechecks, plastic surgery stages, and lost wages during recovery. In severe cases, we project future medical expenses for additional scar revisions, occupational therapy, or psychological counseling.
Noneconomic damages compensate for the human cost, physical pain, sleeplessness, the humiliation of facial scarring, anxiety around dogs, and the loss of outdoor hobbies that once defined a client’s lifestyle.
Punitive damages, although reserved for egregious misconduct, become possible when an owner orders a dog to attack or knowingly violates a court directive to restrain a dangerous animal. These awards punish the wrongdoing and send a message of deterrence.
Special Considerations for Minors
Children account for more than half of all serious dog bite injuries, and New Jersey courts guard their interests closely. Any settlement involving a minor must receive Superior Court approval, and judges often favor structured settlements that release tax-advantaged payments at key life stages, like high school graduation, college tuition, or the purchase of a first home. We design these structures to balance immediate medical costs with long-term financial security, ensuring the child has resources for future surgeries or counseling.
Statutes of Limitation and Procedural Deadlines
Time limits in New Jersey are strict. Adults generally have two years from the date of the bite to file a personal injury lawsuit. When the defendant is a municipal entity, such as a police department whose K-9 unit caused the injury, a Tort Claims Act notice must be served within 90 days. For minors, the statute is tolled until the eighteenth birthday, but early action remains critical. Eyewitness memories fade, surveillance footage is overwritten, and medical photos taken months later fail to capture the initial trauma. Acting promptly allows your attorney to lock in evidence, identify every source of insurance, and build the strongest possible claim for compensation.
At Edward Lee Law, our attorneys handle dog bite cases for injured victims throughout New Jersey, as well as a wide range of other services, including:
Working with an experienced dog bite attorney will allow you and your family to recover the maximum compensation available after an accident. For more information about how our experienced team of dog bite attorneys can help, call us today and schedule your initial consultation.
Contact Edward Lee Law for a Free Consultation
When you have been injured or attacked by a pet owner’s dog, you need an experienced dog bite attorney on your side to help you pursue legal action. Strict liability makes New Jersey one of the most victim-friendly jurisdictions for dog bite claims, but only if you act before evidence goes cold and statutes expire.
Call (973) 315-9080 or
connect with us online today to schedule your consultation. Let our experience with New Jersey’s strict dog bite statute, nuanced insurance issues, and high-value scar and psychological claims help you secure the financial resources you need to heal and move forward.
