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July 31, 2024 - Dog Bite Law, Blog

What is Strict Liability in New Jersey Dog Bite Cases?

Strict liability means a biting dog’s owner is liable for any injuries the dog bite causes, even if they used all reasonable measures to restrain the dog. Understanding how strict liability impacts dog bite cases, and the rights the law confers upon dog bite victims can help you proceed with your New Jersey dog bite case. This post goes into the specifics of strict liability and the limitations of the Strict Liability Statute.

The Case Elements You Must Prove Under New Jersey’s Dog Bite Statute

  • The defendant is the owner of the dog. 
  • The injured party was in a public place or lawfully located in a private setting.
  • The dog bit the injured party. 

What If the Dog Has Never Bitten Anyone Before?

Many states follow a one-bite rule in which the dog owner is not held responsible for the injuries their dog causes because they didn’t have previous knowledge of the dog’s aggressive tendencies. This one-bite rule does not apply in New Jersey dog bite cases. Dog owners in New Jersey are 100% legally responsible for the injuries their dog causes, even if the dog has not attacked anyone before. 

The strict liability rule helps protect dog bite victims fully from dog attacks and confers responsibility on dog owners.

What are The Exemptions Under Strict Liability?

While strict liability simplifies the process for plaintiffs, there are exceptions and defenses that New Jersey dog owners can invoke. Common defenses include:

  • Provocation – If the victim provokes the dog, the authorities may find the owner not liable.
  • Trespassing – If the victim was unlawfully on the owner’s property when the bite occurred, the owner may not be liable for the bite injuries and their treatment.
  • Assumption of Risk – If the victim knowingly took the risk of being bitten, such as a professional dog handler, the owner might have a defense under New Jersey law.

In What Circumstances Can Dog Owners Be Held Responsible for Non-Bite Injuries?

One of the vital elements of strict liability is that the law refers solely to direct bite-related injuries the dog causes. Other injuries, such as broken bones after a fall due to a dog chasing you or lacerations due to a dog scratching you during an attack, are treated separately. 

To meet the legal standard to achieve a settlement for non-bite injuries, a dog bite victim and their lawyer must prove the following:

  • Duty of Care

The dog owner had a duty to exercise reasonable care to prevent the dog from causing harm.

  • Breach of Duty

The owner breached that duty by failing to take appropriate measures to control the dog.

  • Causation

The dog owner’s breach of duty directly caused the injury.

  • Damages

The victim suffered actual damages as a result of the injury.

What Are the Steps to Start a Strict Liability Dog Bite Case?

Taking the following steps will help you improve the strength of your dog bite case and exercise your rights under New Jersey’s strict liability law as a dog bite victim.

  • Collect the dog owner’s name and contact details. 
  • Ask the owner for the contact details of their insurance company. 
  • Request the dog’s name and NJ dog license number.
  • Collect witness contact details.
  • Record photo and video footage of your injuries as well as the location in which the attack took place
  • File a dog bite report with your local Health Department.
  • Maintain a journal of your pain and experiences after the dog bite injury, explaining how the injury impacts your daily life and your mental state as you recover.

Call the New Jersey Dog Bite Lawyer for Strict Liability Guidance

The New Jersey Dog Bite Lawyer David Cowhey has decades of experience winning complex dog bite cases for his clients and fighting for their rights in negotiations with insurance companies. If you have any questions about strict liability and how the law might interpret your case, David Cowhey can address them. As the New Jersey Dog Bite Lawyer with the most six-figure settlements, David Cowhey has helped families across the state secure fair compensation. Request your free, no-obligation case review online or call 1 (866) 791-1251.

  • The Case Elements You Must Prove Under New Jersey’s Dog Bite Statute
  • What If the Dog Has Never Bitten Anyone Before?
  • What are The Exemptions Under Strict Liability?
  • In What Circumstances Can Dog Owners Be Held Responsible for Non-Bite Injuries?
  • What Are the Steps to Start a Strict Liability Dog Bite Case?
  • Call the New Jersey Dog Bite Lawyer for Strict Liability Guidance

I’ve been bitten by a dog

Talk to The New Jersey Dog Bite Lawyer, New Jersey's most experienced and successful dog bite attorney.

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or call us at

# (609) 513-0627

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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I’ve been bitten by a dog

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or call us at

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