At The Law Offices of Peter Briskin, P.C., we understand that being bitten by a dog can be a traumatic and life-altering experience. You may be left with physical injuries, emotional trauma, and unexpected medical bills — all because a dog owner failed to take proper responsibility. If you or someone you love has been bitten by a dog in New Jersey, you may be wondering: Can I sue the dog’s owner?
The short answer is yes — in many cases, you can. New Jersey has clear laws that protect victims of dog attacks, and you may be entitled to seek compensation for your injuries, lost wages, pain and suffering, and other damages. As experienced personal injury attorneys with offices throughout New Jersey and New York, we are here to guide you through every step of the legal process and fight to ensure you get the justice you deserve.
How Bad Does a Dog Bite Have to Be to Sue in New Jersey?
In New Jersey, any dog bite that causes injury may give you the right to sue — it doesn’t have to be severe or life-threatening. Under the state’s strict liability law, the dog owner can be held responsible whether the bite results in a puncture wound, nerve damage, broken bone, or even emotional trauma.
That said, the severity of your injury will affect how much compensation you may be entitled to. Serious injuries like deep lacerations, permanent scarring, infections, or long-term psychological harm tend to result in higher settlements or verdicts.
If you needed medical treatment, missed work, or experienced pain and suffering, it’s worth speaking with a personal injury attorney. Even if the bite seems minor, your claim may still be valid — and we can help you determine the best course of action.
Not sure what to do right after a dog attack? Read our guide on what to do after a dog bite in New Jersey to protect your health and your legal right.
When Is a Dog Considered Dangerous Under NJ Law?
New Jersey law outlines specific criteria for labeling a dog as “dangerous,” typically for public safety purposes, not for determining an owner’s liability in a civil injury claim. That’s because New Jersey follows a strict liability standard—meaning a dog owner is liable for a bite injury regardless of the dog’s history or whether it was previously classified as dangerous.
In other words, you don’t need to prove the dog was dangerous or had prior attacks to file a claim against the owner.
However, the issue of whether a dog was considered “dangerous” or had vicious propensities may become relevant if an investigation reveals that someone other than the dog owner—such as a landlord, property manager, or caretaker—may be held legally responsible. In these cases, demonstrating knowledge of the dog’s aggressive behavior can support a claim of negligence or failure to protect others from a known risk.
A Dog May Be Considered Legally Dangerous If:
- It attacked without provocation and caused serious injury or death
- It had prior incidents of biting or aggressive behavior
- It was designated dangerous by a municipal court or local animal control authority
At the Law Offices of Peter Briskin, P.C., we carefully evaluate every bite incident to uncover all possible sources of liability. Whether you’re pursuing a claim against the owner or another party who failed to act responsibly, we gather all available evidence—including animal control records, veterinary history, and public complaints—to strengthen your case.
Dog Bite Liability in New Jersey
In New Jersey, the law is clear: dog owners are strictly liable for injuries caused by their pets. That means you don’t need to prove the dog had a history of aggression or that the owner was negligent. If you were lawfully on public or private property and bitten by a dog, the owner is generally responsible for your injuries.
At The Law Offices of Peter Briskin, P.C., we rely on New Jersey’s strict liability statute (N.J.S.A. 4:19-16) to protect dog bite victims and hold negligent owners accountable. This law applies even if the dog has never bitten anyone before and was not considered dangerous under prior definitions.
Who Can Be Held Liable?
- Dog Owners: Responsible for the actions of their pets in most cases.
- Property Owners or Landlords: May be liable if they allowed a dangerous dog on the premises and failed to take reasonable precautions.
- Caretakers or Temporary Handlers: In some cases, a person who was watching the dog at the time of the attack may also share responsibility.
What if the Dog Was on a Leash or Inside a Home?
Strict liability still applies. Whether the dog was on a leash, inside the owner’s home, or even being supervised, if it bites someone who is lawfully on the property, the owner can still be held accountable.
Exceptions to Liability
There are limited circumstances where the owner may not be liable, such as:
- If the victim was trespassing
- If the dog was provoked
- If the injury occurred during the dog’s lawful protection of its owner
However, these are complex defenses that must be proven by the dog owner. Our legal team is well-versed in countering these arguments and proving the full extent of the owner’s liability.
We’re here to ensure that you are not left dealing with medical bills, lost income, or emotional trauma on your own. Our firm knows how to navigate these legal issues — and how to win.
Filing a Dog Bite Injury Claim in NJ
If you’ve been bitten by a dog in New Jersey, filing a personal injury claim is often the most effective way to recover the compensation you deserve. At The Law Offices of Peter Briskin, P.C., we understand that this process can feel overwhelming — but you don’t have to go through it alone. We’re here to guide you step by step and fight to protect your rights.
Who Can You File a Claim Against?
- The Dog Owner – Most commonly, claims are filed against the dog’s legal owner, who is typically covered under their homeowner’s or renter’s insurance policy.
- The Property Owner – If the bite occurred on private property, the landlord or property owner may share liability.
- Other Responsible Parties – In some cases, a caretaker, pet sitter, or dog walker may also be held responsible.
What Do You Need to Prove?
In a strict liability state like New Jersey, you don’t need to prove negligence. However, you still must show:
- The defendant owned the dog
- You were lawfully on the property at the time of the bite
- You sustained actual injuries from the bite
We will help you gather evidence to support your claim, such as:
- Medical records and photographs of injuries
- Police or animal control reports
- Eyewitness statements
- Prior complaints or reports involving the same dog
Insurance Coverage and Compensation
Most dog bite claims are paid out through the dog owner’s homeowner’s insurance or renter’s insurance. However, insurance companies may attempt to deny liability, delay payment, or offer a lowball settlement. That’s where our experience matters. We’ll negotiate aggressively to make sure you receive full and fair compensation.
Whether you were bitten at someone’s home, in a public park, or on the street, we’ll build a strong legal claim that reflects the full impact of your injuries.
What Compensation Can You Recover?
A dog bite can lead to far more than just physical pain — it can leave lasting scars, emotional trauma, and financial burdens. At The Law Offices of Peter Briskin, P.C., we fight to recover full and fair compensation for every client we represent. If you’ve been bitten by a dog in New Jersey, you may be entitled to recover a wide range of damages, depending on the severity of your injuries and the impact on your life.
Types of Compensation You May Be Eligible For:
Medical Expenses
- Emergency room visits
- Hospital stays and surgeries
- Rabies shots and infection treatment
- Physical therapy and rehabilitation
- Psychological counseling
Lost Income
- Wages lost due to time off work
- Future lost earnings if your injury affects your ability to work
Pain and Suffering
- Physical pain and emotional distress
- Mental anguish and trauma (including PTSD or fear of dogs)
Other Damages
- Property damage (e.g., torn clothing, broken glasses)
- Scarring or disfigurement
- Loss of enjoyment of life
- Out-of-pocket costs related to your recovery
We take the time to understand your story — not just the medical records, but the full extent of how this incident has impacted your life. Then we use that information to build a compelling case for maximum compensation.
What If the Insurance Company Offers a Settlement?
Insurance companies often try to minimize payouts by offering low settlements early on. Before accepting any offer, talk to us. We’ll evaluate the true value of your claim and make sure you’re not pressured into accepting less than you deserve.
At our firm, we don’t just settle cases — we pursue justice. And if that means going to court, we’re ready.
Common Defenses in Dog Bite Lawsuits
While New Jersey law holds dog owners strictly liable for bites in most cases, that doesn’t stop insurance companies and defense attorneys from trying to avoid responsibility. At The Law Offices of Peter Briskin, P.C., we’re familiar with all the tactics they use — and we know how to fight back.
Here are some of the most common defenses dog owners may raise in a dog bite case:
Provocation
One of the most frequently used defenses is that the victim provoked the dog — for example, by teasing, hitting, or threatening the animal. In order for this defense to hold up in court, the owner must show that the provocation was significant enough to cause the attack.
We know how to challenge this argument by examining video footage, witness statements, and expert testimony about canine behavior.
Trespassing
If you were unlawfully on the dog owner’s property at the time of the attack, they may claim you were trespassing — which can limit or bar your right to compensation.
However, New Jersey law typically protects:
- Delivery drivers
- Postal workers
- Guests or visitors with implied or express permission
We’ll investigate the circumstances and prove that you were lawfully present when the attack occurred.
Owner Took Reasonable Precautions
Some dog owners claim they had their dog properly leashed or confined, and that the bite was unforeseeable. But strict liability in New Jersey means these precautions don’t automatically absolve the owner of responsibility.
Our job is to make sure the law works for you — not against you.
Insurance Company Tactics
Even if liability is clear, the dog owner’s insurance company may attempt to:
- Minimize your injuries
- Blame you for the incident
- Delay or deny your claim
That’s where we come in. We push back hard on weak defenses and build your case with the evidence needed to overcome them.
With over 25 years of combined experience, our legal team knows how to dismantle these defenses and pursue the outcome you deserve.
Statute of Limitations for Dog Bite Claims in NJ
One of the most important aspects of any personal injury case — including dog bite claims — is timing. In New Jersey, you generally have two years from the date of the bite to file a lawsuit against the responsible party. This legal deadline is known as the statute of limitations, and missing it could mean losing your right to pursue compensation altogether.
At The Law Offices of Peter Briskin, P.C., we encourage dog bite victims to act quickly, not only to preserve their legal rights but also to strengthen their case. The sooner we can begin investigating, gathering evidence, and communicating with insurance companies on your behalf, the stronger your claim will be.
Are There Any Exceptions?
Yes — there are limited situations where the statute of limitations may be paused (or “tolled”):
- Minors: If the victim is under 18, the clock may not begin until their 18th birthday
- Mental incapacitation: If the victim is legally incapacitated at the time of the bite
- Delayed discovery of injury: Rare, but can apply if the full extent of the injury wasn’t immediately apparent
Even if you think you have plenty of time, it’s always safer to speak with a personal injury attorney as soon as possible. Evidence can disappear, witnesses’ memories can fade, and the dog owner may move or change insurers.
Our team will make sure your claim is filed on time and with the full documentation needed to support a successful outcome.
How a Personal Injury Attorney Can Help
At The Law Offices of Peter Briskin, P.C., we do more than just file paperwork — we fight to protect your rights, ease your stress, and maximize your compensation.
From day one, we’ll:
- Investigate the dog’s history and ownership
- Collect medical records and witness statements
- Handle all communication with the insurance company
- Push for a fair settlement — or take your case to court if necessary
With over 25 years of combined experience and millions recovered for our clients, we know how to build strong dog bite cases that win.
If you or a loved one has been bitten by a dog in New Jersey, don’t wait. Contact The Law Offices of Peter Briskin, P.C. today for a free consultation — we’re here to help you recover and fight for the justice you deserve.
