No “free bite” in New Jersey

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By Michael J. Epstein

 

Some states still flirt with the old folklore that a dog gets “one free bite.” Not here. New Jersey is a strict-liability state. If a dog bites someone who’s in a public place or lawfully on private property (yes, including the owner’s), the owner is on the hook—regardless of prior behavior or what the owner knew. That’s the whole ballgame of N.J.S.A. 4:19-16, our dog-bite statute. 

The defenses aren’t get-out-of-court cards

Strict liability isn’t absolute liability. Owners still raise familiar defenses: the victim was trespassing, or provoked the dog, or shares some blame. New Jersey applies modified comparative negligence statewide: a victim’s damages can be reduced by their share of fault, and recovery is barred only if they’re more than 50% at fault. That comparative-fault framework applies alongside the dog-bite statute. Translation: “You poked the bear” can lower, and sometimes defeat, a claim. 

Breed doesn’t change liability

Let’s hit the hot-button question: “inherently dangerous breeds.” New Jersey law is deliberately breed-neutral. Our statewide “Vicious and Potentially Dangerous Dog Act” sets uniform, behavior-based rules and expressly supersedes any local law that targets “any specific breed of dog.” You don’t get punished—or protected—because your dog is or isn’t a pit bull, shepherd, or doodle. Liability under the bite statute is the same, regardless of breed. 

How “dangerous” is decided in NJ (and when it matters)

New Jersey doesn’t slap scarlet letters on breeds; it looks at conduct. After an incident and a municipal-court hearing, a dog can be labeled “vicious” or “potentially dangerous” only on clear-and-convincing evidence (e.g., an unprovoked attack causing bodily injury, or killing/seriously injuring another domestic animal). Provocation matters, and the 2019 amendments put the burden on the municipality to show the dog was not provoked before branding it “vicious.” If a dog is deemed potentially dangerous, owners face conditions: special licensing and a red tag, secure enclosure, conspicuous warning signage, muzzling when outside the enclosure—and the court may require liability insurance. Many towns set floor amounts (often $50,000) by ordinance. 

What this means for real cases

For victims: the path is straightforward. Prove (1) ownership, (2) that you were in public or lawfully on private property, and (3) that a bite occurred. You don’t need to prove prior viciousness or that the owner “should’ve known.” From there, expect a comparative-fault fight over things like provocation, warnings, and where the bite happened. 

For owners: New Jersey expects control, training, and common sense. After any serious incident, the focus shifts to behavior and containment—not breed. If the dog later gets a dangerous designation, compliance isn’t optional; courts can impose strict conditions, impoundment until compliance, and ongoing monitoring. Insurance may also become pricier or mandatory under a court order or local code. 

What about landlords and non-owners?

The statute targets owners, but plaintiffs sometimes add negligence claims against others—think landlords who knew a tenant kept a dog with dangerous propensities and did nothing. Those aren’t strict-liability claims; they rise or fall on proof of knowledge and control, the same way other premises cases do. In short: non-owners aren’t automatically on the hook, but they’re not untouchable if they ignored obvious risks. 

The policy through-line: accountability, not mythology

New Jersey’s approach is refreshingly adult: bites are about conduct and control, not stereotypes. We don’t hand out “first-bite freebies,” and we don’t scapegoat breeds. If your dog bites someone who’s where they’re legally allowed to be, you’re liable—then we sort out any provocation or shared blame. If your dog’s behavior crosses the dangerous-dog threshold, the law tightens your obligations to protect the public.

That’s the deal. It protects victims without turning neighbor disputes into breed wars, and it puts responsibility squarely where it belongs: on human choices before, during, and after the bite. In a culture that loves quick narratives—“bad breed,” “good dog”—New Jersey opts for facts and duty. It’s not sexy. It’s better.

 

About Michael J. Epstein

Michael J. Epstein, a Harvard Law School graduate, is a trial lawyer and managing partner of The Epstein Law Firm, P.A., a law firm based in New Jersey.