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Kenneth Vercammen & Associates Law Office helps people injured due
to the negligence of others. We provide representation throughout New
Jersey. The insurance companies will not help. Don't give up! Our Law
Office can provide experienced attorney representation if you are injured
in an accident and suffer a Serious Injury.
If someone hops your fence, trespasses on your land, and your dog bites
him, you are not liable. However, New Jersey does impose strict liability
if your dog bites someone if it is loose or if the person bitten was in
a public place or permitted on your property. NJSA 4:19-16 provides:
"The owner of any dog which shall bite a person while such person
is on or in a public place, or lawfully on or in a private place, including
the property of the owner of the dog, shall be liable for such damages
as may be suffered by the person bitten, regardless of the former viciousness
of such dog or the owner's knowledge of such viciousness."
"For the purpose of the New Jersey Statute 4:19-16, a person is
lawfully upon the private property of such owner when he is on the property
in the performance of any duty imposed upon him by the laws of this state
or the laws or postal regulations of the United States, or when he is
on such property upon the invitation, express or implied, of the owner
thereof."
Thus, in New Jersey, a dog does not get two bites.
A person can even be liable if your dog injures someone although not
biting it. Being jumped on or chased by a dog could be grounds for a civil
liability. It is also strict liability if any of your dangerous animals
injure someone, i.e. pet, buffalo or tiger.
For the purpose of this state law, a person is lawfully upon the private
property of such owner when he/she is on the property in the performance
of any duty imposed upon him by the laws of this state or the laws or
postal regulations of the United States, or when he/she is on such property
upon the invitation, express or implied, of the owner thereof.
In deciding whether the plaintiff was on or in a public place or lawfully
on or in a private place, including the property of the defendant, you
should note that anyone whose presence is expressly or impliedly permitted
on the property is entitled to the protection of the statute. The permission
extends to all areas where the plaintiff may reasonably believe to be
included within its scope. DeRobertis v. Randazzo, 94 N.J. 144 (1983).
In a case such as this where the defendant has raised the negligence
of the plaintiff as a defense, the defendant has the burden of proof.
This means that the defendant has the burden to prove plaintiff's "unreasonable
and voluntary exposure to a known risk." This means that the plaintiff
"knew" the dog had a propensity to bite either because of the
dog's known viciousness or because of the plaintiff's deliberate acts
intended to incite the animal. For example, one who beats or torments
a dog has no call upon the owner if in self-defense the dog bites back.
Budai v. Teague, 212 N.J. Super. 522 (Law Div. 1986); see also Dranow
v. Kolmar, 92 N.J.L. 114, 116-17 (1918). In conclusion, a New Jersey dog
does not get two bites. Keep your dog fenced in or tied up and away from
mailman and visiting friends.
Updated dog liability statutes: 4:19-16. Liability of owner regardless
of viciousness of dog The owner of any dog which shall bite a person while
such person is on or in a public place, or lawfully on or in a private
place, including the property of the owner of the dog, shall be liable
for such damages as may be suffered by the person bitten, regardless of
the former viciousness of such dog or the owner's knowledge of such viciousness.
For the purpose of this section, a person is lawfully upon the private
property of such owner when he is on the property in the performance of
any duty imposed upon him by the laws of this state or the laws or postal
regulations of the United States, or when he is on such property upon
the invitation, express or implied, of the owner thereof.
4:19-17. Findings, declarations The Legislature finds and declares that
certain dogs are an increasingly serious and widespread threat to the
safety and welfare of citizens of this State by virtue of their unprovoked
attacks on, and associated injury to, individuals and other animals; that
these attacks are in part attributable to the failure of owners to confine
and properly train and control these dogs; that existing laws at the local
level inadequately address this problem; and that it is therefore appropriate
and necessary to impose a uniform set of State requirements on the owners
of vicious or potentially dangerous dogs.
L.1989, c.307, s.1.
4:19-18. Definitions 2. As used in this act:
"Animal control officer" means a certified municipal animal
control officer or, in the absence of such an officer, the chief law enforcement
officer of the municipality or his designee.
"Department" means the Department of Health.
"Dog" means any dog or dog hybrid.
"Domestic animal" means any cat, dog, or livestock other than
poultry.
"Potentially dangerous dog" means any dog or dog hybrid declared
potentially dangerous by a municipal court pursuant to section 7 of P.L.1989,
c.307 (C.4:19-23).
"Vicious dog" means any dog or dog hybrid declared vicious
by a municipal court pursuant to section 6 of P.L.1989, c.307 (C.4:19-22).
L.1989,c.307,s.2; amended 1994,c.187,s.1. 4:19-19. Impoundment of dog
An animal control officer shall seize and impound a dog when the officer
has reasonable cause to believe that the dog:
a. attacked a person and caused death or serious bodily injury as defined
in N.J.S.2C:11-1(b) to that person;
b. caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during
an unprovoked attack and poses a serious threat of harm to persons or
domestic animals;
c. engaged in dog fighting activities as described in R.S.4:22-24 and
R.S.4:22-26; or
d. has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
The dog shall be impounded until the final disposition as to whether
the dog is vicious or potentially dangerous. Subject to the approval of
the municipal health officer, the dog may be impounded in a facility or
other structure agreeable to the owner.
L.1989, c.307, s.3.
4:19-20. Notification of owner of dog; hearing 4. a. The animal control
officer shall notify the municipal court and the municipal health officer
immediately that he has seized and impounded a dog pursuant to section
3 of P.L.1989, c.307 (C.4:19-19), or that he has reasonable cause to believe
that a dog has killed another domestic animal and that a hearing is required.
The animal control officer shall through a reasonable effort attempt to
determine the identity of the owner of any dog seized and impounded pursuant
to section 3 of P.L.1989, c.307. If its owner cannot be identified within
seven days, that dog may be humanely destroyed.
b. The animal control officer shall, within three working days of the
determination of the identity of the owner of a dog seized and impounded
pursuant to section 3 of P.L.1989, c.307 (C.4:19-19), notify by certified
mail, return receipt requested, the owner concerning the seizure and impoundment,
and that, if the owner wishes, a hearing will be held to determine whether
the impounded dog is vicious or potentially dangerous. This notice shall
also require that the owner return within seven days, by certified mail
or hand delivery, a signed statement indicating whether he wishes the
hearing to be conducted or, if not, to relinquish ownership of the dog,
in which case the dog may be humanely destroyed. If the owner cannot be
notified by certified mail, return receipt requested, or refuses to sign
for the certified letter, or does not reply to the certified letter with
a signed statement within seven days of receipt, the dog may be humanely
destroyed.
L.1989,c.307,s.4; amended 1994,c.187,s.2.
4:19-21.1. Settlement agreements, immunity of municipality 12. Notwithstanding
any provision in P.L.1989, c.307 (C.4:19-17 et seq.) to the contrary,
the municipality and the owner of the dog may settle and dispose of the
matter at any time in such manner and according to such terms and conditions
as may be mutually agreed upon. Notwithstanding any provision of P.L.1989,
c.307 to the contrary, no municipality or any of its employees shall have
any liability by virtue of having entered into any settlement agreement
pursuant to this section, or for any action or inaction related to the
entry into such agreement, for any injuries or damages caused thereafter
by the dog. The municipality may, as a condition of the settlement agreement,
also require that the owner of the dog hold the municipality harmless
for any legal expenses or fees the municipality may incur in defending
against any cause of action brought against the municipality notwithstanding
the prohibition against such causes of action set forth in this section.
L.1994,c.187,s.12. 4:19-22. Dog declared vicious by municipal court;
conditions 6. a. The municipal court shall declare the dog vicious if
it finds by clear and convincing evidence that the dog:
(1) killed a person or caused serious bodily injury as defined in N.J.S.2C:11-1(b)
to a person; or
(2) has engaged in dog fighting activities as described in R.S.4:22-24
and R.S.4:22-26.
b. A dog shall not be declared vicious for inflicting death or serious
bodily injury as defined in N.J.S.2C:11-1(b) upon a person if the dog
was provoked. The municipality shall bear the burden of proof to demonstrate
that the dog was not provoked.
c. If the municipal court declares a dog to be vicious, and no appeal
is made of this ruling pursuant to section 9 of P.L.1989, c.307 (C.4:19-25),
the dog shall be destroyed in a humane and expeditious manner, except
that no dog may be destroyed during the pendency of an appeal.
L.1989,c.307,s.6; amended 1994,c.187,s.3.
4:19-23. Dog declared potentially dangerous; conditions 7. a. The municipal
court shall declare a dog to be potentially dangerous if it finds by clear
and convincing evidence that the dog:
(1) caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during
an unprovoked attack, and poses a serious threat of bodily injury or death
to a person, or
(2) killed another domestic animal, and
(a) poses a threat of serious bodily injury or death to a person; or
(b) poses a threat of death to another domestic animal, or
(3) has been trained, tormented, badgered, baited or encouraged to engage
in unprovoked attacks upon persons or domestic animals.
b. A dog shall not be declared potentially dangerous for:
(1) causing bodily injury as defined in N.J.S.2C:11-1(a) to a person
if the dog was provoked, or
(2) killing a domestic animal if the domestic animal was the aggressor.
For the purposes of paragraph (1) of this subsection, the municipality
shall bear the burden of proof to demonstrate that the dog was not provoked.
L.1989,c.307,s.7; amended 1994,c.187,s.4.
4:19-24. Registration of potentially dangerous dog; conditions 8. If
the municipal court declares the dog to be potentially dangerous, it shall
issue an order and a schedule for compliance which, in part:
a. shall require the owner to comply with the following conditions:
(1) to apply, at his own expense, to the municipal clerk or other official
designated to license dogs pursuant to section 2 of P.L.1941, c.151 (C.4:19-15.2),
for a special municipal potentially dangerous dog license, municipal registration
number, and red identification tag issued pursuant to section 14 of this
act. The owner shall, at his own expense, have the registration number
tattooed upon the dog in a prominent location. A potentially dangerous
dog shall be impounded until the owner obtains a municipal potentially
dangerous dog license, municipal registration number, and red identification
tag;
(2) to display, in a conspicuous manner, a sign on his premises warning
that a potentially dangerous dog is on the premises. The sign shall be
visible and legible from 50 feet of the enclosure required pursuant to
paragraph (3) of this subsection;
(3) to immediately erect and maintain an enclosure for the potentially
dangerous dog on the property where the potentially dangerous dog will
be kept and maintained, which has sound sides, top and bottom to prevent
the potentially dangerous dog from escaping by climbing, jumping or digging
and within a fence of at least six feet in height separated by at least
three feet from the confined area. The owner of a potentially dangerous
dog shall securely lock the enclosure to prevent the entry of the general
public and to preclude any release or escape of a potentially dangerous
dog by an unknowing child or other person. All potentially dangerous dogs
shall be confined in the enclosure or, if taken out of the enclosure,
securely muzzled and restrained with a tether approved by the animal control
officer and having a minimum tensile strength sufficiently in excess of
that required to restrict the potentially dangerous dog's movements to
a radius of no more than three feet from the owner and under the direct
supervision of the owner;
b. may require the owner to maintain liability insurance in an amount
determined by the municipal court to cover any damage or injury caused
by the potentially dangerous dog. The liability insurance, which may be
separate from any other homeowner policy, shall contain a provision requiring
the municipality in which the owner resides to be named as an additional
insured for the sole purpose of being notified by the insurance company
of any cancellation, termination or expiration of the liability insurance
policy.
L.1989,c.307,s.8; amended 1994,c.187,s.5. 4:19-25. Appeal of decision
9. The owner of the dog, or the animal control officer in the municipality
in which the dog was impounded, may appeal any final decision, order,
or judgment, including any conditions attached thereto, of a municipal
court pursuant to P.L.1989, c.307 (C.4:19-17 et seq.) by filing an appeal
with the Superior Court, Law Division, in accordance with the Rules Governing
The Courts of the State of New Jersey pertaining to appeals from courts
of limited jurisdiction. The Superior Court shall hear the appeal by conducting
a hearing de novo in the manner established by those rules for appeals
from courts of limited jurisdiction.
L.1989,c.307,s.9; amended 1994,c.187,s.6.
4:19-26. Liability of owner for cost of impounding, destroying dog; rabies
testing 10. a. If a dog is declared vicious or potentially dangerous,
and all appeals pertaining thereto have been exhausted, the owner of the
dog shall be liable to the municipality in which the dog is impounded
for the costs and expenses of impounding and destroying the dog. The municipality
may establish by ordinance a schedule of these costs and expenses. The
owner shall incur the expense of impounding the dog in a facility other
than the municipal pound, regardless of whether the dog is ultimately
found to be vicious or potentially dangerous.
b. If the dog has bitten or exposed a person within 10 days previous
to the time of euthanasia, its head shall be transported to the New Jersey
State Department of Health laboratory for rabies testing.
L.1989,c.307,s.10; amended 1994,c.187,s.7.
4:19-27. Hearing on subsequent actions of dog 11. If the municipal court
finds that the dog is not vicious or potentially dangerous, the municipal
court shall retain the right to convene a hearing to determine whether
the dog is vicious or potentially dangerous for any subsequent actions
of the dog.
L.1989,c.307,s.11; amended 1994,c.187,s.8. 4:19-28. Obligations of owner
of potentially dangerous dog 12. The owner of a potentially dangerous
dog shall:
a. comply with the provisions of P.L.1989, c.307 (C.4:19-17 et seq.)
in accordance with a schedule established by the municipal court, but
in no case more than 60 days subsequent to the date of determination;
b. notify the licensing authority, local police department or force,
and the animal control officer if a potentially dangerous dog is at large,
or has attacked a human being or killed a domestic animal;
c. notify the licensing authority, local police department or force,
and the animal control officer within 24 hours of the death, sale or donation
of a potentially dangerous dog;
d. prior to selling or donating the dog, inform the prospective owner
that the dog has been declared potentially dangerous;
e. upon the sale or donation of the dog to a person residing in a different
municipality, notify the department and the licensing authority, police
department or force, and animal control officer of that municipality of
the transfer of ownership and the name, address and telephone of the new
owner; and
f. in addition to any license fee required pursuant to section 3 of P.L.1941,
c.151 (C.4:19-15.3), pay a potentially dangerous dog license fee to the
municipality as provided by section 15 of P.L.1989, c.307 (C.4:19-31).
L.1989,c.307,s.12; amended 1994,c.187,s.9.
4:19-29. Violation by owner; fine, seizure, impoundment of dog 13. The
owner of a potentially dangerous dog who is found by clear and convincing
evidence to have violated this act, or any rule or regulation adopted
pursuant thereto, or to have failed to comply with a court's order shall
be subject to a fine of not more than $1,000 per day of the violation,
and each day's continuance of the violation shall constitute a separate
and distinct violation. The municipal court shall have jurisdiction to
enforce this section. An animal control officer is authorized to seize
and impound any potentially dangerous dog whose owner fails to comply
with the provisions of P.L.1989, c.307 (C.4:19-17 et seq.), or any rule
or regulation adopted pursuant thereto, or a court's order. The municipal
court may order that the dog so seized and impounded be destroyed in an
expeditious and humane manner.
L.1989,c.307,s.13; amended 1994,c.187,s.10.
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