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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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