It Happens in a Split Second
You're walking through Overpeck Park. A dog lunges off its leash and clamps down on your arm. Or your child is at a neighbor's house in Paramus and the family dog bites them on the face. Or a delivery driver gets attacked by a dog that charges out an open front door in Hackensack.
Dog bites are shockingly common — and shockingly serious. According to the CDC, over 4.5 million Americans are bitten by dogs every year. Nearly 800,000 of those require medical attention. And the injuries can be devastating: nerve damage, permanent scarring, broken bones, infections, and deep psychological trauma — especially in children.
If you or your child has been bitten by a dog in New Jersey, here's what you need to know about your legal rights.
New Jersey Is a Strict Liability State
This is the most important thing to understand: New Jersey holds dog owners strictly liable for bite injuries.
Under N.J.S.A. 4:19-16, a dog owner is liable for injuries caused by their dog biting someone, regardless of:
- Whether the dog has ever bitten anyone before
- Whether the owner knew the dog was aggressive
- Whether the owner took precautions to restrain the dog
Read that again. The "one free bite" rule that exists in some states does not exist in New Jersey. The owner is responsible the first time their dog bites someone.
The only two requirements are:
- The person was bitten (not just knocked down or scratched — the statute specifically says "bitten")
- The person was lawfully on the property or in a public place
That's it. You don't need to prove the owner was negligent. You don't need to prove the dog was known to be dangerous. If their dog bit you and you were somewhere you were allowed to be, the owner is liable. Period.
What If You Weren't Bitten But Were Injured?
New Jersey's strict liability statute specifically covers bites. But what if a dog knocked you down and you broke your hip? What if a dog chased you and you fell down stairs?
In these cases, you can still recover damages — but through a negligence claim rather than strict liability. You'd need to show that the owner failed to reasonably control their dog, and that failure caused your injury.
Negligence cases are winnable, but they require more proof than strict liability bite cases. This is where having an experienced attorney matters.
The Real Cost of a Dog Bite
People dramatically underestimate how expensive dog bite injuries are. Here's what medical treatment often involves:
Immediate Care:
- Emergency room visit ($1,500-$5,000+)
- Wound cleaning and closure
- Tetanus and rabies prophylaxis
- Antibiotics
- X-rays to check for fractures
Follow-Up Treatment:
- Plastic surgery for scarring (especially facial bites) — easily $10,000-$50,000+
- Reconstructive surgery for severe tissue damage
- Physical therapy for nerve damage or limited mobility
- Psychological counseling for PTSD, anxiety, and fear of dogs
The numbers are staggering. The Insurance Information Institute reports the average dog bite claim in 2023 was over $58,000. Severe attacks — especially those involving children's faces — can result in claims exceeding $500,000.
Children and Dog Bites: A Special Concern
Children are the most common victims of dog bites, and they suffer the worst injuries. Kids are bitten on the face and head far more often than adults because of their height. A bite that would hit an adult's hand hits a child's cheek.
The physical and psychological impact on children can last a lifetime:
- Facial scarring during formative years affects self-esteem
- Fear of dogs can limit normal childhood activities
- PTSD symptoms can include nightmares, bed-wetting, and social withdrawal
- Multiple surgeries may be needed as the child grows
New Jersey law fully protects child victims. If your child was bitten while playing at a friend's house, visiting a relative, or walking down the sidewalk, the dog owner is liable.
An important note for parents: Even if the dog belongs to a close friend or family member, you have every right to file a claim. In virtually all cases, the claim is paid by the dog owner's homeowner's or renter's insurance — not out of their pocket. You're not suing your neighbor personally; you're filing an insurance claim.
What Compensation Can You Recover?
Dog bite victims in New Jersey can recover:
- Medical expenses — past and future, including surgery, rehab, and counseling
- Lost wages — time missed from work during recovery
- Pain and suffering — the physical pain and emotional distress of the attack
- Scarring and disfigurement — compensation for permanent scarring, especially visible scars
- Psychological trauma — anxiety, PTSD, fear of dogs, sleep disturbances
- Loss of quality of life — if the injuries prevent you from activities you previously enjoyed
The Insurance Company's Playbook
After a dog bite, you'll likely deal with the dog owner's homeowner's insurance company. Here's how they typically try to reduce your claim:
"The victim provoked the dog." New Jersey law does recognize provocation as a defense, but the bar is high. Normal behavior like walking near a dog, petting a dog with the owner's permission, or even accidentally startling a dog is not provocation. Provocation generally requires intentional tormenting or abuse of the animal.
"The victim was trespassing." Strict liability only applies if you were lawfully on the property. But "lawfully" is interpreted broadly — delivery drivers, mail carriers, invited guests, children visiting friends, and anyone on public property are all covered.
"The injuries aren't that serious." They'll downplay scarring, dismiss psychological trauma, and argue you don't need future treatment. This is why thorough medical documentation and expert testimony matter.
What to Do After a Dog Bite in NJ
Get medical attention immediately. Dog bites carry serious infection risks, including from bacteria like Pasteurella and Capnocytophaga.
Report the bite to your local animal control or police department. New Jersey law requires a 10-day quarantine observation for the dog.
Document everything. Photograph your injuries immediately and throughout the healing process. Scars look different at 1 day, 1 week, 1 month, and 1 year.
Get the owner's information. Name, address, homeowner's insurance information, and the dog's vaccination records.
Don't give statements to the owner's insurance company without legal representation.
Contact an attorney who handles dog bite cases in New Jersey. The statute of limitations is 2 years, but evidence fades and memories change — acting sooner is always better.
We've Seen What Dog Bites Do to Families
At Perez & Bonomo, we've represented dog bite victims across New Jersey — from children with facial scars to adults with permanent nerve damage. We understand both the physical and emotional toll these injuries take.
We also understand the reluctance to "make a big deal out of it," especially when the dog belongs to someone you know. But your medical bills are real. Your child's scars are real. Your fear and anxiety are real. And the law says the dog owner's insurance should pay for it.
Call us for a free consultation. We'll tell you exactly what your case is worth — and we don't charge a fee unless we recover compensation for you.