Dog Bites

Dog bites are common–nearly five million Americans are bitten by dogs annually, and more than half of these victims are children, according to the Center for Disease Control (CDC.) An estimated 386,000 of those injured require treatment in an emergency room. Owning a dog involves important legal responsibilities. Dog owners are required to care for their animals in a responsible and humane manner. They also have a legal duty to ensure that their pets don’t harm people or property. When a dog bites someone or damages property, the dog’s owner can be held responsible for any damages caused.

New Jersey’s dog bite law (N.J.S. 4:19-16) is a strict liability statute. This means that an owner of a dog is liable regardless of the viciousness of their dog. Viciousness generally refers to whether or not the dog has been proved to be vicious in the past or has bitten someone previously to the latest incident. The statute refers to a dog biting someone in a public place such as a park or sidewalk or if you were lawfully in or on a private place including the dog owner’s property. If you were bit in a public place or even in the home of the dog’s owner (provided you are there lawfully), the dogs owner will be liable for your injuries if there are no defense factors.

Insurance concerns in analyzing New Jersey dog bite cases involve attempt to determine what type, if any, insurance coverage the owner of the dog has. There are a number of policies that may cover a dog bite incident including: (1) homeowner’s insurance, (2) renter’s insurance, (3) commercial general liability insurance, (4) umbrella insurance policies, (5) automobile insurance, (6) mobile home owner’s insurance, (7) condominium owner’s insurance, and (8) landlord’s insurance. Once the type of insurance coverage is obtained, strategy can be developed as to how to approach the case.