At The Law Offices of Sander Budanitsky, L.L.C., we understand that a dog bite can have lasting physical and emotional effects, especially on children. Our team is dedicated to supporting individuals who have been bitten by dogs throughout Westfield and Union County. We recognize that navigating the aftermath of such an incident can be overwhelming, and our goal is to provide clear guidance on New Jersey's strict-liability rule, the requirements for pursuing a claim, and how we can assist you in seeking the compensation you deserve.
New Jersey law places the burden of responsibility squarely on dog owners when their pets cause injury. Under the state's strict-liability statute, N.J.S.A. 4:19-16, an owner is liable for a dog bite irrespective of the animal's previous behavior or any negligence on their part. This means you do not have to prove that the dog had a history of aggression or that the owner was aware of any potential dangers. Instead, our focus is on whether certain criteria are met, making the legal process smoother for you as we pursue your claim.
Our experienced team is here to help you understand what you need to prove in order to establish your case. We'll work diligently to gather evidence and demonstrate that the dog was owned by the defendant, that a bite occurred, and that you were lawfully present when the incident took place. We know that many disputes can arise regarding lawful presence, and we’re committed to advocating for your rights to ensure that your case is presented clearly and effectively.
If you or a loved one has suffered a dog bite injury, don’t hesitate to reach out. Let us help you navigate your personal injury claim and support you in seeking justice. Contact us today to discuss your situation and see how we can assist you in moving forward.
New Jersey's dog bite statute, N.J.S.A. 4:19-16, imposes strict liability on a dog's owner for a bite, which sets it apart from the law in states that follow a one-bite rule. Under the statute, the owner is liable regardless of the dog's prior behavior and regardless of whether the owner knew or should have known the dog might bite. The injured person does not have to prove the owner was negligent or that the dog had ever bitten anyone before.
This strict-liability framework makes a New Jersey dog bite claim fundamentally different from a typical negligence claim. The focus is not on whether the owner did something wrong, but on whether the statute's specific elements are met. That said, strict liability is not the same as automatic recovery, because the statute sets out particular requirements, and the owner can raise certain defenses. Understanding exactly what the statute requires, and what it does not, is the starting point for a dog bite claim.
Although the statute is strict, it sets out three elements an injured person must establish. First, the defendant owned the dog. Second, the dog bit the person.
And third, the bite occurred while the person was in a public place or lawfully in a private place, including the owner's property. Meeting these three elements is what triggers the owner's strict liability under the statute, without any need to prove negligence.
The lawful-presence requirement is where many disputes arise. A person bitten on a public sidewalk, in a park, or while lawfully visiting a home is generally covered, while a trespasser may not be. A person who was invited onto the property, performing a lawful duty there, or in any public space satisfies the requirement. Establishing ownership of the dog, the fact of the bite, and the injured person's lawful presence is the core of a strict-liability dog bite claim, and it is usually far more straightforward than proving negligence would be in a state without such a statute.
Do I have to prove the dog was dangerous to recover for a bite?
No. New Jersey is a strict-liability state for dog bites, which means an owner is generally responsible for a bite regardless of whether the dog ever showed aggression before. You do not have to prove the owner knew the dog was dangerous, which sets these claims apart from those in many other states.
Westfield's walkable character means people and dogs share many of the same spaces, and bites occur where they meet. The downtown sidewalks along East Broad Street and Quimby Street, where shoppers and dog walkers mix, are one common setting, as are the town's parks. Mindowaskin Park near the downtown and the larger Tamaques Park on Lamberts Mill Road draw walkers, families, and dogs, creating the kind of close contact where a bite can occur.
As with other premises liability injuries, bites also happen at and around homes, when a visitor, a delivery person, or a neighbor encounters a dog, and in these settings the lawful-presence question often becomes important. A mail carrier or delivery driver doing their job, a guest, or a person on a public sidewalk passing a yard generally satisfies the statute's lawful-presence requirement. Identifying exactly where a bite occurred and the injured person's reason for being there is an early step, because it bears directly on the lawful-presence element the statute requires.
Strict liability does not mean the owner has no defenses, but it's important to understand how lawful presence is determined. Lawful presence is part of what the injured person must show: they were in a public place, or on private property by express or implied invitation or while performing a legal duty such as delivering mail.
The owner may dispute that element by arguing the person was trespassing. An invitation onto property covers the areas a visitor could reasonably believe it includes. Whether a person was lawfully present is often disputed and turns on the specific facts of why they were there.
The second defense is provocation, but it is governed by New Jersey's Comparative Negligence Act, N.J.S.A. 2A:15-5.1, as applied by the New Jersey Supreme Court to dog bite claims in Goldhagen v. Pasmowitz, 247 N.J. 580 (2021). The owner bears the burden of proving that the injured person knowingly and unreasonably exposed themselves to the risk, such as by tormenting the dog.
If the injured person is found 50% or less at fault, their recovery is reduced by their share of fault; if found more at fault than the owner, recovery is barred. This defense is much harder to establish against a young child, who cannot be expected to understand how their actions affect an animal. Anticipating and answering these defenses, with the facts of the encounter, is an important part of a dog bite claim.
Children are among the most frequent and most seriously injured dog bite victims, and their claims carry particular considerations. A child's smaller size means bites often reach the face, head, and neck, causing severe wounds, scarring, and lasting emotional trauma, and the injuries can require extended treatment, including reconstructive surgery. The severity and lasting nature of children's bite injuries is one important reason these cases warrant especially careful handling.
The law also treats a child differently in the fault analysis. A young child cannot be expected to understand how to behave around a dog the way an adult can, so the provocation defense is much harder to establish against a child, and a child's conduct is measured against what is reasonable for their age.
In addition, New Jersey law pauses the two-year deadline for a child's claim until the child turns 18, so the child's own claim can generally be filed until their 20th birthday (N.J.S.A. 2A:14-21). Recognizing how a victim's age affects both the injury and the legal analysis is part of handling these claims appropriately.
Dog bite injuries range from puncture wounds to severe lacerations, crush injuries, and tissue loss, and they carry risks beyond the immediate wound. Infection is a serious concern with any bite; scarring and disfigurement are common, particularly with facial bites, and the emotional impact, including fear of dogs and post-traumatic stress, can be lasting, especially for children. These injuries often require prompt and sometimes extended medical care.
The damages in a dog bite claim reflect this range, covering both economic and non-economic losses. Economic damages include medical bills, future treatment such as reconstructive or scar-revision surgery, and any lost income, while noneconomic damages address the pain, the permanent scarring, and the emotional harm.
A minor bite can be seen at the Summit Health urgent care hub at 574 Springfield Avenue in Westfield. Severe bites belong in an emergency department; the nearest state-designated Level I trauma center is University Hospital in Newark, about 13 miles away. Documenting the full extent of the injury, including its emotional and cosmetic effects over time, is essential to valuing a dog bite claim fairly.
Most dog bite claims are paid through the dog owner's homeowner or renter insurance, which typically includes liability coverage for injuries the owner is responsible for, and understanding this is part of pursuing a claim. This means a recovery usually comes from an insurance policy rather than from the owner personally, which can make these claims feasible even when the owner has limited resources. Identifying the applicable homeowner or renter policy, and its limits, is an early and important step.
There are complications to watch for. Some policies exclude certain dog breeds or have limits on dog bite coverage, and a bite by a dog the owner does not own, such as one they were watching, can raise questions about whose coverage applies. Where the owner has no applicable coverage at all, other avenues of recovery may still exist depending on the specific circumstances of the bite. Determining what insurance is available, and addressing any exclusions or coverage questions, is an important part of turning a valid strict-liability claim into an actual recovery.
Although strict liability simplifies the legal theory, a dog bite claim still depends on evidence, and gathering it promptly matters. Identifying the dog and its owner is the essential first step, because the claim runs against the owner, and a bite by an unidentified or stray dog presents far greater difficulty. Where the owner is known, documenting the dog, the location, and the circumstances supports the statutory elements.
Several kinds of evidence strengthen the claim. Photographs of the injuries, taken over the course of healing, document the wound and any scarring; the medical records establish the treatment and prognosis; and the accounts of witnesses confirm how the bite happened and the injured person's lawful presence. Reporting the bite to local animal-control or health authorities creates an official record and may establish the dog's history. Because witness memories fade and injuries heal, gathering this evidence promptly is what builds a strong record for a dog bite claim.
Reporting a dog bite serves both public-health and claim purposes, and it is a step injured people sometimes overlook. New Jersey law requires a bite to be reported to the local health department within 12 hours, normally by the treating physician, or by the injured adult or a child's parent if no doctor is involved (N.J.S.A. 26:4-79 to -81).
This report, required in part because of rabies-control concerns, creates an official record of the incident. The reporting process can also establish whether the dog was vaccinated and whether it has a history of prior incidents.
This official record can be valuable to a claim. It documents that the bite occurred, when and where, and it may surface information about the dog and owner that supports the case. Local animal-control involvement can also address ongoing public-safety concerns about a dangerous dog. While reporting is primarily a health-and-safety measure, the record it creates often helps establish the facts of a dog bite claim, which is one more reason to ensure a bite is properly reported.
New Jersey's dog bite law applies statewide, but a bite occurs in a specific place, and a contested claim is heard in a specific court. Familiarity with both adds value. Knowing where people and dogs come into close contact in Westfield, including the downtown sidewalks along East Broad Street and Quimby Street, Mindowaskin Park near the center of town, and the larger Tamaques Park on Lamberts Mill Road, helps in understanding how a bite happened and in establishing the lawful-presence element the statute requires.
That familiarity also reaches the institutions a serious case passes through, from the Summit Health hub on Springfield Avenue and Overlook Medical Center in Summit for treatment, to the Union County Courthouse in Elizabeth, where a contested claim is heard in the Union Vicinage. Pairing command of New Jersey's strict-liability dog bite statute, its three elements, and its defenses with attention to the specific facts of a Westfield bite is what allows the claim to be handled on its real circumstances.
While the dog bite statute imposes strict liability for bites, not every dog-related injury fits neatly within it, and recognizing the difference matters. The statute applies specifically to bites, so an injury caused another way, a dog knocking someone down, causing a fall, or a bicycle accident to crash, may not fall under the strict-liability statute and may instead require a traditional negligence claim against the owner. The legal theory shifts with the nature of the injury.
When the dog bite statute does not apply, New Jersey common law may still provide a claim. That includes a dog knocking someone down, a person who was not lawfully present, or a claim against someone caring for the dog rather than its owner. An owner or keeper who knew or should have known of a dog's dangerous tendencies can be held absolutely liable for injuries caused by that tendency, and anyone responsible for a dog can be liable for failing to use reasonable care to control it.
If the dog was kept by a public entity, such as a municipal animal shelter or a police department, a written notice of claim generally must be filed within 90 days (N.J.S.A. 59:8-8). A judge may allow late notice only within one year and only for extraordinary circumstances (N.J.S.A. 59:8-9).
If you were bitten on the job by a dog your employer owns, workers’ compensation is generally your only remedy against the employer (N.J.S.A. 34:15-8).
Local ordinances requiring dogs to be leashed and controlled add another dimension to a dog injury claim, particularly for non-bite injuries.
Westfield's town code bars dogs from running at large and requires a dog off its owner's property to be on a leash no longer than seven feet, held by someone able to control it (Westfield Code § 6-5). A violation can be evidence of the owner's negligence.
For a bite, the strict-liability statute already makes the owner responsible regardless of a leash violation, but the violation can still be relevant context showing the owner's lack of control. For a non-bite injury, the ordinance violation can be central to proving negligence. Understanding how local control requirements interact with both the strict-liability statute and ordinary negligence principles helps in framing a dog injury claim correctly, whether the harm came from a bite or from a loose dog causing an accident.
The steps taken after a dog bite protect both health and the claim. The first priority is medical attention, because bites carry a real risk of infection and may require treatment beyond the visible wound, and the medical record also ties the injury to the incident. Identifying the dog's owner and getting their contact and, where possible, insurance information is essential, since the claim runs against the owner.
Where possible, photographing the injuries promptly and over the course of healing, collecting the names of any witnesses, and reporting the bite to local health or animal-control authorities all strengthen the claim and create an official record. Being cautious about recorded statements or quick settlement offers from the owner's insurer protects the claim's value, and noting where the bite happened and why the injured person was there helps establish the lawful-presence element. Acting promptly, while memories are fresh and injuries are documented, is what builds a strong dog bite claim.
It is tempting to think that because New Jersey imposes strict liability, a dog bite claim is automatic, but that assumption can cost an injured person. Strict liability removes the need to prove the owner was negligent or knew the dog was dangerous, which is a significant advantage, but the statute still has its three elements; the owner can still raise trespass and provocation defenses, and the value of the claim still depends on documenting the injury and securing the insurance.
In practice, this means the contested ground shifts rather than disappears. Disputes often center on whether the injured person was lawfully present, whether they provoked the dog, the extent and permanence of the injury, and whether coverage applies. Each of these is answered by evidence and careful preparation, not by the strict-liability rule alone. Treating a dog bite claim with the same rigor any injury claim requires, while taking full advantage of the strict-liability framework, is what turns a strong legal position into a fair recovery.
The dog owner's insurer approaches a bite claim with the goal of limiting what it pays, even under a strict-liability statute, and recognizing its methods helps an injured person respond. Because liability itself is hard to escape when the three elements are met, the insurer often concentrates on the available defenses, arguing the injured person was trespassing or provoked the dog, and on the value of the injury, suggesting it is less serious than claimed or that scarring will fade.
The insurer may also seek a recorded statement early or extend a quick settlement offer before the full extent of the injury, especially scarring and emotional harm, is understood. The answer to each of these is evidence: documentation of the lawful presence and circumstances that defeats the defenses, and thorough medical and photographic records that establish the injury and its permanence. Because an early offer can fall short of the true, lasting cost of a serious bite, evaluating any offer only after the injury has stabilized protects the claim's value.
No, because New Jersey imposes strict liability, so an owner is generally responsible for a bite regardless of the dog's history. You do not need to show the owner knew the dog was dangerous.
That the defendant owned the dog, the dog bit you, and you were in a public place or lawfully in a private place when it happened. These three elements trigger strict liability.
Yes, and common defenses include that you were trespassing or that you provoked the dog. These can reduce or bar recovery depending on the circumstances.
Children are frequent dog bite victims and often suffer severe injuries. A child's conduct is judged differently, and provocation is harder to establish against a young child.
Generally, two years from the date of the bite under N.J.S.A. 2A:14-2, New Jersey's personal injury statute of limitations. For a child, New Jersey law pauses the two-year deadline until the child turns 18, so a child's own claim can generally be filed until their 20th birthday (N.J.S.A. 2A:14-21). Acting promptly still helps preserve the evidence either way.
A first conversation about what happened costs nothing, and because evidence and witness memories fade, there is little reason to wait. You can contact the firm to talk through the bite and how New Jersey's strict-liability rule applies to your situation.
The Law Offices of Sander Budanitsky, L.L.C. represents people bitten by dogs throughout Westfield and Union County, with staff who speak Spanish, Russian, and other languages spoken across the community. Attorney Sander Budanitsky has represented injured New Jersey clients since 1996 and is admitted in both New Jersey and Pennsylvania.
Call us today at 908-241-3445 today and start your legal journey towards recovery.
Last reviewed: June 2026. This page was reviewed by Sander Budanitsky, licensed in New Jersey since 1996. It is provided for general information and is not legal advice. Consult a licensed New Jersey attorney for guidance specific to your situation.
The Law Offices of Sander Budanitsky, L.L.C. welcomes calls from potential clients and from attorneys looking to refer or co-counsel a matter. Whether it is an injury claim, a civil dispute, a criminal charge, or an immigration question, the first conversation is free and there is no obligation to hire the firm afterward.
Call the Roselle, New Jersey office at (908) 241-3445 or the Philadelphia, Pennsylvania office at (215) 545-2300. You can also send the details through the contact form and someone from the office will get back to you. Calls are answered 24 hours a day, 7 days a week.
