New Jersey Dog Bite Law

How dog bite liability works in New Jersey

New Jersey has had a dog bite statute since 1933. Before it, the owner of a dog was liable only if they knew the dog had dangerous or mischievous propensities. The statute removed that requirement for bites: the owner pays for a bite suffered in a public place, or by someone lawfully on private property, including the owner's own, "regardless of the former viciousness of such dog or the owner's knowledge of such viciousness"^1,3. A person is lawfully on the owner's property when invited, expressly or impliedly, or when there to perform a duty under state or federal law, which covers a mail carrier on the route¹.

The statute covers bites only and binds only the owner. A dog that knocks you down, or a dog-sitter who was keeping the dog, falls under the older common-law rule, which still requires proof that the defendant knew or should have known of a dangerous trait⁴. A trespasser is outside the statute too; DeRobertis v. Randazzo, 94 N.J. 144 (1983), sends that case back to common-law principles, including the special rule for child trespassers³.

The leading modern case is Goldhagen v. Pasmowitz, 247 N.J. 580 (2021). A kennel worker with twenty years' experience was badly bitten by a boarded dog. The Supreme Court refused to carve out professionals who care for dogs and overruled the Appellate Division's 1999 exception for them. It also held that the Comparative Negligence Act applies to the strict-liability claim, so the worker's experience and handling go to the jury as fault².

For how the rule compares nationally, see the strict liability states and the neighboring New York, Pennsylvania and Delaware pages.

The New Jersey dog bite statute

The owner of a dog that bites a person in a public place, or lawfully in a private place including the owner's property, is liable for the damages the person suffers, regardless of the dog's former viciousness or the owner's knowledge of it¹. A person is lawfully on the owner's property when invited, expressly or impliedly, or when performing a duty under New Jersey law or federal law or postal regulations¹. The plaintiff proves three things: ownership, lawful presence and a bite; the Model Jury Charge notes a trial-court ruling that the skin need not be broken¹.

• Law: N.J.S.A. 4:19-16 (Liability of owner regardless of viciousness of dog), enacted 1933; last changed Wording last amended by P.L.2012, c.17; the liability rule is unchanged since 1933.
• Injuries covered: Bites only
• Where: Public places, or lawfully on private property
• Who is liable: The owner
• Damages: All damages, under the ordinary rules

Other ways to prove liability

Outside the statute, New Jersey applies the scienter rule: a defendant who owns or keeps an animal with a vicious or dangerous propensity is liable if they knew or, with reasonable care, should have known of it^3,4. The jury charge says no prior bite is required; playfulness or over-demonstrated affection, such as a habit of jumping on people, can count, but mere barking or an isolated straining at a leash does not⁴. Ordinary negligence remains available for animals without such a propensity⁴, and DeRobertis notes that owners were historically liable for failing to use due care in controlling their animals³. These theories matter for non-bite injuries, claims against keepers or landlords, and trespassers.

Defenses owners raise

Assumption of risk

There is no exception for veterinarians, groomers or kennel workers. Goldhagen v. Pasmowitz (2021) overruled Reynolds v. Lancaster County Prison (App. Div. 1999), which had barred independent contractors caring for a dog unless the owner hid known viciousness. The worker's experience, warnings received and handling of the dog are weighed as comparative fault instead².

Provocation

The statute has no written provocation exception, but provocation works through comparative fault. The Model Jury Charge tells the jury the defendant must prove the plaintiff's "unreasonable and voluntary exposure to a known risk", such as deliberate acts to incite the dog; one who beats or torments a dog "has no call upon the owner" if it bites back¹.

Trespassing

A trespasser is not "lawfully" on the property, so the statute does not apply. Liability then turns on common-law rules, which give a child trespasser more protection than an adult³. Permission extends to all areas a visitor may reasonably believe it covers¹.

Other defense

Only the owner is strictly liable. A temporary keeper or dog-sitter is liable only on proof that they knew or should have known of the dog's dangerous propensity⁴.

Shared fault

Modified comparative fault (barred at 51%) (N.J.S.A. 2A:15-5.1 to -5.8).

The Comparative Negligence Act expressly covers strict liability actions, and Goldhagen applies it to the dog bite statute: the jury sets your full damages and each party's percentage of fault, your award is reduced by your share, and you recover nothing if you are 51% or more at fault². The owner carries the burden of proving your fault¹.

How the five fault systems compare: provocation, trespass and shared fault.

New Jersey dog bite statute of limitations

2 years (N.J.S.A. 2A:14-2(a))

A personal-injury suit must be filed within two years of the bite⁵. If a town, county, school board or state agency is responsible, the Tort Claims Act requires a written notice of claim within 90 days; a court may allow late notice within one year only for extraordinary circumstances⁶.

Children. N.J.S.A. 2A:14-21 lets a person injured as a minor sue within two years after turning 18⁵. The 90-day Tort Claims Act notice is likewise tolled until 90 days after the child's 18th birthday⁶.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

The statute makes the owner liable for "such damages as may be suffered by the person bitten": medical bills, lost earnings, pain and suffering, scarring and emotional distress all count¹. No cap applies to these compensatory damages. Punitive damages require clear and convincing proof of malicious conduct or wanton and willful disregard, must be requested in the complaint, and are capped at five times compensatory damages or $350,000, whichever is greater⁷.

Landlords and property owners

A landlord is not strictly liable for a tenant's dog. In Linebaugh v. Hyndman, 213 N.J. Super. 117 (App. Div. 1986), aff'd, 106 N.J. 556 (1987), a child was bitten in a duplex's shared backyard; the court held that a landlord's duty to keep common areas reasonably safe includes protecting tenants' invitees from a vicious dog kept there with the landlord's knowledge⁸. Without proof the landlord knew or should have known of the dog's vicious propensities, claims fail, even if the lease banned dogs, as an unpublished 2022 Appellate Division decision shows⁹.

Insurance

We found no New Jersey statute or regulation that limits insurers' use of dog breed in homeowners or renters underwriting. For a dog declared potentially dangerous, the municipal court may order liability insurance in an amount it sets, with the municipality named so it is notified of cancellation¹⁰.

New Jersey ranked #10 in the United States for dog-related homeowners insurance claims in 2025: 818 claims with an average cost of $77,447 (national average $65,450), according to the Insurance Information Institute and State Farm. These are insurer payouts, not court awards.

More on coverage, breed exclusions and renters policies: dog bite insurance.

Goldhagen v. Pasmowitz: kennel workers and veterinarians can sue

Many states bar or limit claims by people paid to handle dogs, the so-called veterinarian's rule. New Jersey's Appellate Division adopted a version in Reynolds v. Lancaster County Prison (1999): an independent contractor caring for a dog could not use the statute unless the owner knew the dog was vicious and hid it².

In Goldhagen v. Pasmowitz, 247 N.J. 580 (2021), a groomer and kennel assistant with twenty years' experience was bitten in the face by a boarded dog. A unanimous Supreme Court reversed: the statute protects any "person", and when the Legislature wants assumption of risk to apply it says so, as it has for inherently dangerous activities². The trade-off is comparative fault. The owner can argue that the worker's background, knowledge of the dog and handling caused the bite, and a jury can cut or bar the award².

A 2024 Senate bill, S3172, would have reversed the result for staff at animal and veterinary facilities, letting them sue only if the owner failed to disclose a prior bite¹⁶. We found no enacted version; as of October 2026, Goldhagen states the rule.

Bite reports and quarantine

A physician who treats a bite must report it to the local health department within 12 hours; if no physician attends, the adult bitten, or the parent or guardian of a bitten child, must report within 12 hours (N.J.S.A. 26:4-79 to -81)¹². The Department of Health tells anyone bitten to notify the local health department where the animal is located¹⁴.

The local health department may order the owner to confine a dog that bit someone for at least ten days, at the owner's expense, at home or at a shelter or veterinary hospital named in the notice (N.J.S.A. 26:4-82)^12,13. The dog may not be released until the health department issues a certificate of release, and the department may examine it during the period¹². If a companion animal must be tested for rabies, the owner must first be told, verbally and in writing, why (N.J.S.A. 26:4-86.1)¹⁴.

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on New Jersey dangerous dog law.

Questions about New Jersey dog bite law

Is New Jersey a one-bite state?

No. Since 1933, N.J.S.A. 4:19-16 has made the owner liable for a bite "regardless of the former viciousness" of the dog or the owner's knowledge of it¹. The one-bite rule survives only for cases outside the statute, such as injuries without a bite or claims against a keeper who is not the owner⁴.

Can I sue if the dog bit me on the owner's property?

Yes, if you were there lawfully. The statute covers the owner's own property, and you are lawfully there if invited, even impliedly, or if you were performing a legal duty, such as delivering mail¹. A trespasser must rely on common-law rules instead³.

Does the owner have to pay if the dog only knocked me down?

Not under the statute, which covers bites only. You would need to show the owner knew or should have known of the dog's dangerous tendency, which can include over-exuberant jumping, or that the owner was negligent^3,4.

My child was bitten. How long do we have?

A child's claim can be filed until two years after their 18th birthday under N.J.S.A. 2A:14-21, though a parent can sue sooner on the child's behalf⁵. If a public entity is responsible, the 90-day notice of claim is tolled until 90 days after the 18th birthday⁶. See child dog bites.

Will my dog be put down after biting someone in New Jersey?

Not for an ordinary bite. Most bites lead only to a ten-day rabies confinement¹². Euthanasia is possible only after a municipal court finds by clear and convincing evidence that the dog is vicious, or after the owner of a potentially dangerous dog violates the court's order, and never while an appeal is pending^10,11.

Official contacts

Sources

1. Model Civil Jury Charge 5.60A, Statutory Owner – Dog Bite Liability (N.J.S.A. 4:19-16), rev. 10/2022, New Jersey Courts. Checked 17 October 2026.
2. Goldhagen v. Pasmowitz, 247 N.J. 580 (2021), Supreme Court of New Jersey. Checked 17 October 2026.
3. DeRobertis v. Randazzo, 94 N.J. 144 (1983), CourtListener (Supreme Court of New Jersey opinion). Checked 17 October 2026.
4. Model Civil Jury Charge 5.60B, Animal With Vicious or Dangerous Trait or Propensity, New Jersey Courts. Checked 17 October 2026.
5. Monk v. Kennedy University Hospital, Nos. A-3361-20 et al. (App. Div. 2022) (quoting N.J.S.A. 2A:14-2 and 2A:14-21), New Jersey Superior Court, Appellate Division. Checked 17 October 2026.
6. In re Leave to File a Late Notice of Claim (Gregg), No. A-1272-23 (App. Div. 2025) (N.J.S.A. 59:8-8), New Jersey Superior Court, Appellate Division. Checked 17 October 2026.
7. Model Civil Jury Charge 8.60, Punitive Damages Actions — General (N.J.S.A. 2A:15-5.9 et seq.), New Jersey Courts. Checked 17 October 2026.
8. Linebaugh v. Hyndman, 213 N.J. Super. 117 (App. Div. 1986), aff'd, 106 N.J. 556 (1987), CourtListener (Appellate Division opinion). Checked 17 October 2026.
9. Curry v. New Community Corp., No. A-3776-20 (App. Div. Sept. 29, 2022) (unpublished), New Jersey Superior Court, Appellate Division. Checked 17 October 2026.
10. N.J.S.A. 4:19-16 to 4:19-37, consolidated dog laws (Vicious and Potentially Dangerous Dog Act), Animal Legal & Historical Center, Michigan State University College of Law. Checked 17 October 2026.
11. P.L.2019, c.82 (amending N.J.S.A. 4:19-22 and 4:19-23), approved May 7, 2019, New Jersey Legislature. Checked 17 October 2026.
12. Rabies webinar handouts: legal reporting requirements and confinement (June 29, 2021), New Jersey Department of Health. Checked 17 October 2026.
13. Instructions for Notice of Bite and Confinement of Animal (VPH-11), New Jersey Department of Health. Checked 17 October 2026.
14. Rabies (Communicable Disease Service), New Jersey Department of Health. Checked 17 October 2026.
15. Senate Bill S4627 (2024–2025 session), as introduced, New Jersey Legislature. Checked 17 October 2026.
16. Senate Bill S3172 (2024–2025 session), as introduced, New Jersey Legislature. Checked 17 October 2026.