New Jersey has a specific set of laws that involve identifying dangerous dogs, impounding them, and having a court declare them as potentially dangerous. Once a dog is declared as potentially dangerous, the dog owner will have to follow special rules in order to retain their dog. This article will explore how dogs are impounded, the requirements for considering a dog dangerous, and what owners must do to control their dangerous dogs.
Impounding & Hearing
An animal control officer may impound a dog if they have evidence the dog has attacked a person, resulting in death or serious bodily injury. New Jersey defines “serious bodily injury” as an injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. The attack must be unprovoked, as there is a defense for dog owners that if a bitten person is provoking a dog to attack, the owner may be shielded against liability. This also applies if a person was illegally trespassing or committing a crime.
Additionally, a dog can be impounded if they were trained in dog-fighting, pose a threat to livestock, or have been trained to attack in an unprovoked manner.
After a dog has been impounded, a court must deliberate over clear and convincing evidence that the dog has caused serious bodily injury or death in an unprovoked attack, and continues to pose a threat. This also applies to potentially dangerous dogs who have attacked other animals.
The court will also deliberate over evidence, if it exists, regarding a dog defending itself in a provoked attack, or if someone was committing a crime and was bitten, or if a dog was defending itself against another animal, or if a person was attempting to intervene between two dogs exhibiting aggressive behavior.
If you’d direct access to the legal sources, the New Jersey statutes regarding these topics are available here, specifically sections 4:19-19 through 4:19-24.
Consequences
If a person has been found to be in possession of a dangerous dog in New Jersey, a special set of rules will be imposed upon them. They must register their dog for a special license, create a strong locked enclosure or use a strong leash and muzzle, and put up warning signs. They may also be required to purchase a new insurance policy that includes provisions for dangerous dogs. Keep in mind that dangerous dog owners do have the opportunity to appeal this decision.
Contact Peter Briskin, Esq.
If you are looking for attorneys who practice in an experienced dog attack law firm in New Jersey, please contact the Law Offices of Peter Briskin, Esq. to start your case now.