Many dog-related injury cases involve pets that have never shown aggression before. Victims often wonder whether they can file a claim if the dog had “no history” of biting or acting dangerously. In New Jersey, the answer is clear: yes, you can sue, even if the dog never bit or attacked anyone in the past. New Jersey law provides strong protections for victims and places full responsibility on dog owners for the actions of their pets.
New Jersey’s Strict Liability Dog Bite Law
Unlike some states that follow the one-bite rule, New Jersey uses a strict liability standard for dog bite injuries. Under N.J.S.A. 4:19-16, a dog owner is automatically responsible if their dog bites a person who is:
- Lawfully on private property, or
- In a public place
This means the victim does not need to prove that the owner was negligent, careless, or aware of the dog’s behavior. The dog’s past history — whether it has bitten anyone before or seemed friendly — does not matter in determining liability.
Why Prior Behavior Does Not Protect the Owner
Strict liability reflects New Jersey’s public policy: owners must control their dogs at all times. Even a well-trained, calm dog can act unpredictably. Because of this, the law does not require victims to show that the owner knew the dog was dangerous. A first bite is not treated as an accident but as the owner’s legal responsibility.
What About Injuries That Are Not Bites?
Many dog-related injuries occur without an actual bite. Victims may be knocked down, scratched, or injured when a dog jumps or lunges. For these cases, strict liability does not automatically apply, but victims can still pursue compensation through a negligence claim by showing:
- The owner failed to control the dog
- The dog was not properly leashed or confined
- The owner did not warn others of risky behavior
- The dog had a tendency to jump or charge, even if it never bit
New Jersey courts often hold owners responsible when they ignored obvious risks or violated leash laws.
Common Defenses Dog Owners May Raise
Even under strict liability, owners may try to avoid responsibility by claiming:
- The victim was trespassing
- The victim provoked the dog
- The victim ignored posted warnings
However, these defenses are narrowly interpreted. Lawful visitors, delivery drivers, customers, and guests are typically protected, even if they did not have express permission to enter every part of the property.
Damages You May Recover in NJ Dog Bite Cases
Victims can pursue compensation for:
- Medical bills and future treatment
- Plastic surgery or scar revision
- Lost wages
- Pain and suffering
- Emotional trauma, including fear of animals
- Permanent scarring or disfigurement
Because dog attacks often cause lasting physical and psychological harm, claims can be significant.
Why Acting Quickly Matters
New Jersey’s statute of limitations for personal injury is generally two years. Waiting too long to file can forfeit your right to compensation. Swift action helps preserve medical documentation, witness statements, and photos of the injuries — all crucial evidence.
Final Thoughts
You do not need to prove that a dog has bitten before to hold the owner responsible in New Jersey. The state’s strict liability law protects victims and places full responsibility on owners to manage their pets safely. If you were bitten or injured by a dog, consulting a New Jersey personal injury attorney can help you understand your rights and pursue the compensation you deserve.