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October 25, 2023 - Dog Bite Law

Can a Dog Be Euthanized for Biting Someone?

In the 2011 HBO documentary One Nation Under Dog, a Haddonfield Rhodesian Ridgeback named Duke was euthanized on camera. The dog had bit off a girl’s ear in 2009 and then attacked a teenager in 2011. In New Jersey, a vicious dog with a pattern of aggressive behavior can indeed be euthanized. Dog bites are a serious public health hazard, and appropriate measures must be taken when a dog has demonstrated that it acts aggressively. To allow the dog to continue attacking is simply irresponsible.

Euthanasia is actually the most common way that both house cats and dogs die. It is generally considered to be pain-free, humane, and quick. In addition to taking steps to protect others, dog bite victims should also obtain compensation from dog owners for their injuries. Seek help from a New Jersey dog bite attorney today.

What Does New Jersey Law Say?

New Jersey has laws to protect the public from so-called “vicious dogs.” This means that if the court deems a dog is vicious, it may be euthanized. There is a wide variety of legislation about “vicious dogs” in New Jersey municipal codes (city laws) as well. Here are a few:

  • “The Municipal Court shall declare the dog vicious if it finds by clear and convincing evidence that the dog killed a person or caused serious bodily injury…” (Atlantic City Municipal Code)
  • “DANGEROUS DOG: Any dog, which, unprovoked, chases or approaches a person or a domestic animal in a threatening manner; (B). has the propensity to attack or cause injury unprovoked or threaten humans or domestic animals; (C). possesses physical characteristics when unprovoked will inflict harm or create a reasonable apprehension of such harm in a person; (D). is owned or kept primarily or in part for the purpose of dog fighting or is trained for dog fighting; or (E). not licensed according to law.” (Jersey City Municipal Code)

These municipal codes echo the state law that essentially says the same thing:

  • A municipal (city) court is responsible for deciding if a dog is vicious or not.
  • Dogs will be deemed “vicious” if they cause unprovoked bodily injury or death to a person or seriously injure or kill another animal and continue to pose a threat to people or other animals.

New Jersey state law also specifies that a dog is not to be euthanized for any of the following reasons:

  • In a dog v. another animal attack, if the other animal was the aggressor.
  • The injured person was trying to get between two fighting dogs or to intervene or separate them.
  • The injuries the dog may have caused were provoked (the victim was taunting the dog, for example).
  • If the victim was attacked while harming the dog’s babies or the dog itself.
  • If the attack was due to someone committing a crime against the dog’s owners or custodians (including trespassing).

If a Dog Bites Someone, Will It Be Put Down in New Jersey?

The likelihood of a dog in New Jersey being euthanized after just one reported attack is unlikely. For that to be mandated, the dog would have to be rabid, otherwise sick or injured, or evidence would need to surface showing the dog had a long history of aggressive behavior. Dog bites are largely unreported because people fear the dog will suffer consequences it does not deserve, like being euthanized. However, when a dog attacks, imagine how deadly it can be to stay silent and allow the dog to continue its vicious behavior on a child, toddler, or baby.

Situations in which a New Jersey dog could be euthanized for vicious behavior might include:

  • Engaging in a fatal attack
  • Previously reported, unprovoked attacks
  • A combination of previously reported attacks and neighbor complaints of aggressive behavior

Before ordering a borderline dog to be euthanized, a judge may order any of these measures first:

  • Requiring the owner to use a harness or chain when the dog is outside the home or yard instead of a traditional neck collar and nylon leash
  • Requiring the owners to put “beware of the dog” signs around the property to warn neighborhood kids who might have a ball drift into the yard or come by selling cookies
  • Requiring the owner to muzzle the dog at specified times
  • Requiring the owner to build more suitable fencing, use a closed-top kennel, walk the dog on a treadmill (instead of around the neighborhood), or something else along those lines

There Can Be Criminal Penalties for Vicious Dog Owners

Thirty-nine states have vicious dog laws like the ones New Jersey has. These laws, like New Jersey’s, often allow euthanasia to be avoided if the owner agrees to muzzle the dog, purchase additional insurance, go to obedience school, or something along those lines. Typically, if the dog owner doesn’t follow through, criminal penalties from incarceration to fines will be assessed.

The state has very specific guidelines for owners of vicious dogs. In addition to any mandates set forth by the municipal court (muzzle use, etc.), the owner is required to notify Animal Control of a dog’s prior aggressive behavior and actively work to resolve it and keep the dog restrained. In addition to these criminal penalties, the dog owner can also be sued for wrongful death, personal injury (including pain and suffering), and a variety of other civil claims stemming from the owner’s negligence.

In other states, the criminal penalties for negligently keeping a vicious dog include:

  • If your vicious dog gets loose or escapes in Michigan, the owner can be charged with a misdemeanor—no injury required. The dog owner can be charged with involuntary manslaughter if the dog does kill or seriously injure someone while loose on the streets.
  • In Washington, a dog does not need to be declared vicious for the owner to be charged with a felony if the dog attacks or kills someone.
  • It’s a misdemeanor in Illinois to violate their vicious dog law. In fact, the dog owner could even be charged with a felony if the vicious dog is not kept in a fully-enclosed kennel and injures someone.

Sadly, some dog owners not only possess knowingly vicious dogs but will actually encourage their vicious dogs to attack. Here are some examples:

  • An Indiana woman purposely released her pitbull when a relative delivering medicine arrived at her house. The owner encouraged her loose pitbull to attack the relative by shouting, “Kill!” and “Get her!” The woman was charged with aggravated battery for using her dog as a weapon.
  • In Massachusetts, a man was overheard giving his dog commands in a firm tone and then releasing the dog’s leash after being confronted by a woman in his apartment building. As instructed, the dog made a beeline for the woman and attacked her. He was convicted of assault and battery with a dangerous weapon. It was not necessary to know what command the owner gave the dog or whether the dog was even trained to attack.
  • In Georgia, a man ordered his dog to attack a police officer who was in the process of handcuffing him. The man was found guilty of aggravated assault with a deadly weapon on a peace officer.

New Jersey’s Procedure for Euthanizing Vicious Dogs

Just like there are numerous formalities for inmates on death row, the procedure for dogs on death row is similar. Here are a few of the tenets set forth by the New Jersey Administrative Code § 8:23A-1.11:

  • Dogs on death row are not allowed to be in contact with other animals unless they’ve been tranquilized.
  • Tranquilizers and similar subduing measures are allowed if standard restraints are not possible due to injury, size, situation, etc.
  • Dogs are to be euthanized via a barbiturate injection. If there is some medical reason why this would be impractical (the dog has poor vascular functionality, for instance), other methods are available as long as the dog is first sedated.
  • Neuromuscular blocking agents, electrocution, shooting (firearm), hydrogen cyanide gas, chloral hydrate, chloroform, gas chambers, hydrocyanic acid, drowning, magnesium sulfate, strychnine, exsanguination, decompression chambers, and nitrous oxide are not allowed in euthanizing vicious dogs.
  • The euthanasia injection can only be administered by a licensed veterinarian who is required by law to keep thorough records of all animals euthanized, including what method and dosage given.
  • The dog must be weighed before being euthanized to confirm the exact dosage amount.
  • The administering vet must check the dog’s vitals to confirm that the heart has stopped beating, there is no breathing, and the eyelids are non-responsive. The remains are then disposed of.

Can a Dog Be Euthanized for Biting Someone?

Dogs Rescued from Illegal Dog Fighting Rings

Section 1923 of the New Jersey State Revised Statutes puts our state in a class along with 41 other states that aim to protect canine victims of illegal dogfighting from being treated cruelly after seizure. While these dogs can certainly be public health hazards, the state recently passed stronger legislation for dogfighting rescues. New Jersey is committed to rehabilitating illegal fighting dogs as much as possible. Whenever it’s feasible, the ones that simply are not capable of being rehabilitated are placed in special dog homes with handlers trained to deal with them. Of course, that isn’t always an option, and sometimes, fighting dogs still end up being euthanized.

Call the New Jersey Dog Bite Lawyer Today

Dog bite cases are our entire law practice. With over 25 years of experience, we can give you excellent, skillful service and the highest possible settlement. We have offices in Newark and Egg Harbor Township. If you or a loved one has been a dog bite victim, immediate assistance is available. Call us now at 866-259-4377 for help. If you prefer written communication, our contact form is also available, and we will respond promptly.

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Dave was awesome helping me through the nightmare world of insurance claims after my daughter was attacked by a neighbors dog. Dave is very friendly, always available and extremally knowledgeable and connected to this process. I highly recommend you call him about your case,

John L.

David Cowhey, Esq. did a great job for my daughter, who had been bit by a dog and left with a scar on her leg. He is an extremely competent and responsive attorney. The whole process was very easy and he negotiated a great settlement! We are very happy. Highly recommend his professional services!!

J S

My experience with David Cowhey was amazing, he is a very knowledgeable and helpful lawyer. I got bit by a dog and it left a very noticeable scar on my leg and David was great to have on my side. He’s very easy to work with, would definitely recommend if you’re going through the same thing!

Michaela S.

Dave is so professional. My daughter was 6 when she was attacked by a friend of the family dog. I contacted Dave’s office and spoke with his secretary. She was so friendly and asked questions that made me feel comfortable. I was amazed by how fast the service was and everything was easy to understand. Dave made sure my daughter was compensated for her injuries and along with pain & suffering. There couldn’t be a more perfect choice but that’s because God helped me choose this great lawyer! He did an excellent job!!! She is 7 now and We are now able to move on better because of the help of Dave. Pick this lawyer!! I PROMISE YOU WONT REGRET ANYTHING AT ALL‼️ Thank you Dave!

Nieja M,

My entire experience with Dave and his team was 5 stars. They specialize in one thing, and this experience taught me why you want an attorney who specializes. Dave's knowledge, experience, and confidence is what made things go smoothly and quickly. Professional and quick responses always. If someone was bitten by a dog I recommend this guy, he will get you what you deserve.

Morgan K.

My wife got bit by a dog last spring; she immediately received medical care and we made a police report- all within 2 hours. Shortly thereafter, we decided to choose Attorney David to represent her. He walked us through the process. It is much more comfortable knowing that his practice only involves dog bites. He knows his stuff! We have just received notice that a fair settlement has been reached. If you have been bitten by a dog, my wife and I would highly recommend David Cowhey for an attorney. Thank you to David and his professional staff!

David D.

My 8 year old son was bitten by a neighborhood dog, leaving permanent scars on his abdomen. I immediately contacted David Cowhey. He explained the process very clearly and made it very easy for us to come to a fair settlement for my son. He was a perfect advocate for us, and he is very compassionate for the victim. We are very pleased with the hard work David has done for our son.

Stephanie D.

Lawyer Dave Cowhey (& his office) helped my wife, son and me immensely over the past 15 months. He is tremendously professional, responsive and proactive, as well as being, a great attorney. Thanks to Dave, we are now able to put our 'incident' behind us. I highly recommend his services - he will work hard and long for you to get you the settlement you deserve.

Seth K G

My experience with Dave and his law firm was wonderful. While I was nervous to start the process of something that I knew nothing about, he was extremely helpful and explained everything clearly and concisely. He answered all of my questions - day or night, weekday or weekend, and made sure I was comfortable at each step. I would highly recommend Dave and his firm!

Ariella L.

I absolutely loved my entire time of working with with Dave. He always kept my best interest in mind and made sure that I was taking care of. He was amazing at communicating all steps in the process with me, and never hesitated to answer any of my questions. Would highly recommend!

Amanda G.

Dave was extremely responsive and guided me thru the process with compassion. His specialization in dog bites really helped facilitate the process. He knows all the insurance issues and, despite the backlog of cases due to Covid, was able to settle my claim for more than we anticipated as well as earlier. I would definitely recommend Dave as I felt comfortable that I was getting the best advice every step of the way!

Kristen J.

Dave did extremely well by me and my family. He was nothing short of professional and assisted us through the entire process. I called him the day of the dog bite, and I followed his instructions to the "T". Him, and his staff, were knowledgeable on every step of the process. From medical advise, to advise on setting up our structured settlement for our child. If you need help right away, don't wait.... call him asap!!!

William W.

Dave was amazing, he handled my case with care , answered every question , email and helped me to understand the steps we needed to take. I had never dealt with a lawsuit before so of course I was nervous and thought I was going to get ripped off but nope. He was very professional and attentive. Hope I never need him again but should I ever need a lawyer for a dog bite i'm calling him first!

Neyia W.

Dave Cowhey was amazing during our case which was very personal in the sense that involved family members. He was candid and professional and always gave us his honest opinion to all our questions and concerns. He's a family man and understands how upsetting the situations are at hand. I wish he was a lawyer for everything honestly, he was fantastic! Highly recommended Dave and his team.

Courtney R.

My one year old dog and I were viciously attacked by a pit bull. I didn’t want to file a law suit initially until I realized the severity of the injuries both mentally and physically. Most lawyers are all about the money not for the justice and compassion of the victim. I am blessed to have found David. He was our hero who understood our situation was efficient knowledgeable and above all sincerely compassionate

Karol M.

Dave was hands on and always available. Steered me through the entire process and helped cover my medical costs and compensation for my scar and injury. Went over and Beyond and made me feel at ease and confident in a positive outcome. Would recommend to all.

COACH B

Honest, fast, responsive and professional. Great experience working with Mr. Cowhey and I highly recommend to handle any dog bite case.

Lilian P.

We contacted Dave when our 5 year old son was attacked by our neighbor's dog, resulting in deep wounds (and now scars) on his face and arm. Dave was extremely knowledgeable/helpful from the start, explaining how everything would work, and he was always available via phone/text if we had questions come up throughout the process. He always gave us all of the options/routes we could take and let us decide what was the best move for our family. He advocated for the best outcome for our son and always kept us in the loop. We were able to settle in a friendly hearing with the homeowner-insurance company, which was simple and straightforward, thanks to all of Dave's hard work behind-the-scenes. We definitely could not have navigated this process ourselves and we are very thankful for the help of Dave and his team!

Elisa H.

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