January 2016

In the state of New Jersey, as in most states, when a person is injured in an attack by a dog or other domestic animal, the concept of “strict liability” applies, rather than the traditional personal injury theory of negligence. In a lawsuit based on negligence, an injured party must show that the defendant had a duty to act in a certain way, failed to meet that standard and caused injury as a result. Under New Jersey’s strict liability dog bite law, there is no need to show that the defendant failed to meet any specific standard.

Under the New Jersey statute, if you have been bitten, mauled or attacked by someone else’s dog, you can recover damages by showing:

Who the owner was
That you did not provoke the dog in any way
That you were in a public place at the time of the accident, or that you were legally on the dog owner’s property (not a trespasser)

Many states have adopted what is known as the “one bite” rule, which essentially allows dog owners to escape liability if they had no knowledge that the dog had bitten anyone or had aggressive tendencies. New Jersey has rejected this approach, finding that a dog owner will be legally responsible regardless of whether the dog has previously bitten someone or has displayed any violent behavior. In fact, a dog owner may be liable even to a trespasser, if the owner knows or has reason to know of prior vicious acts. Additionally, liability may extend beyond owners to others who had control of a dog, including dog sitters, landlords and business owners.

Contact the law offices of Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC.

We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.

Criminal hands locked in handcuffs on dark background

In New Jersey, you can be charged with assault if you intentionally or recklessly cause or attempt to cause harm (bodily injury) to another person. Whether or not you will be charged with simple assault or with aggravated assault will be based on a variety of circumstances, such as whether you used a firearm or other weapon to cause injury, whether the victim was afforded special protection under the law, and the nature and extent of the victim’s injuries, among other factors.

Simple Assault

The New Jersey criminal code identifies three situations that constitute simple assault:

Attempting or causing actual injury to another person
Hurting someone else while using a deadly weapon, even if the injury was not intentional
Threatening another person or putting that person in reasonable apprehension of fear of an immediate of imminent serious bodily injury

Simple assault is a disorderly person’s offense in New Jersey and is tried in the municipal court system. If convicted, you can anticipate a fine of up to $1,000 and be ordered to pay restitution. In two specific instances, you can also face jail/prison time of up to 18 months:

If you were an employee of a nursing home, assisted living or other care facility and caused harm to a patient or resident there
You committed the assault at a school or community youth sports event where there were children under the age of 16

Aggravated Assault

The more serious charge of aggravated assault, an indictable offense, can take a variety of forms under New Jersey law. You can be charged with aggravated assault if you injure someone intentionally, knowingly or recklessly, and it can be shown that your conduct was “under circumstances manifesting extreme indifference to the value of human life.” It can also be aggravated assault to cause injury with a deadly weapon. In fact, it can be aggravated assault to simply point a deadly weapon at someone, even if you didn’t believe it was loaded at the time. Because aggravated assault is considered a more serious offense, the penalties are more severe. Depending on the degree of the crime, you could face anywhere from 18 months to 10 years in prison, and up to $150,000 in fines.