Many people have heard of the one bite rule and believe that a dog owner is not responsible unless the dog has bitten someone before. In New Jersey, that is not how dog bite law generally works. New Jersey has a strict liability dog bite statute, which means a dog owner can be held responsible even if the dog never showed aggression before and even if the owner did not know the dog might bite.
Under N.J.S.A. 4:19-16, the owner of a dog is liable when the dog bites a person in a public place or while the person is lawfully on private property, including the dog owner’s property. The statute also states that liability applies regardless of the dog’s former viciousness or the owner’s knowledge of that viciousness.
What Is the One Bite Rule?
The traditional one bite rule is based on the idea that an owner may not know a dog is dangerous until the dog has bitten or attacked someone before. In states that follow this rule, a prior bite or prior aggressive behavior may be important to proving that the owner knew the dog was dangerous.
New Jersey does not require that kind of proof for a statutory dog bite claim. The victim does not need to prove that the dog previously bit someone. The victim also does not need to prove that the owner expected the dog to act aggressively.
What Must Be Proven?
Although New Jersey law is favorable to dog bite victims, there are still important requirements. The injured person generally must show that the defendant owned the dog, that the dog actually bit the person, and that the bite happened in a public place or while the person was lawfully on private property.
For example, a person walking on a public sidewalk, visiting a home by invitation, delivering mail, or entering property for a lawful reason may be protected under the statute. However, if the person was trespassing or unlawfully on the property, the claim may be more difficult.
What About Non-Bite Injuries?
New Jersey’s strict liability statute specifically applies to bites. If a dog knocks someone down, chases someone, scratches someone, or causes an injury without biting, the case may still be possible, but it may need to be handled under ordinary negligence principles. In that situation, the injured person may need to prove that the owner failed to use reasonable care, such as failing to leash, restrain, or control the dog.
Can the Owner Raise Defenses?
Dog owners and insurance companies may still raise defenses. They may argue that the injured person provoked the dog, was not lawfully on the property, or that the injury was not caused by the bite. They may also challenge the seriousness of the injuries or the amount of damages.
For this reason, evidence remains important. Photos of the injury, medical records, witness statements, animal control reports, police reports, and information about the dog and owner can all help support the claim.
Final Thoughts
The one bite rule generally does not apply to dog bite claims in New Jersey. A dog owner may be responsible even if the dog had no history of biting or aggression. However, the victim must still prove the legal elements of the claim and document the injury carefully. Anyone bitten by a dog in New Jersey should seek medical care, report the incident, preserve evidence, and avoid assuming that a first-time bite means there is no case.