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Understanding the liabilities of using dogs for home defense in New Jersey is an essential part of owning guard dogs. According to the American Veterinary Medical Association, about 4.5 million people experience dog bites yearly in America. 

Dog bites can cause severe damage, and can also be fatal. Additionally, if the dog involved in the attack is not vaccinated, it can expose you to diseases such as Rabies. Dog bites can lead to permanent disability, especially if not treated promptly. 

Many people who suffer dog bites in New Jersey pursue liability lawsuits for compensation to pay for surgeries, medication, loss of wages, and pain & suffering. Therefore, as a dog owner, knowing the legalities surrounding the liabilities of using dogs for home defense in your state is important.

Different claims used in liability cases for dog attacks in New Jersey

 New Jersey functions under several laws where dog bites are concerned.

• The One Bite Law

The "One Bite Law" says a dog owner can be held liable if their dog bites someone on public or private property. Dog bite victims suing under this law must prove the person they are suing is the dog's owner and have evidence of the dog biting them. 

According to the "One Bite Rule," the victim of the dog attack must also prove they were lawfully on private or public property during the attack. 

Such a lawsuit can occur even if the dog owner has no prior knowledge of their dog's aggressive behavior or if it's never bitten someone or destroyed property.

• Common Law Strict Liability

A dog owner can also get sued under "common law strict liability" if they knowingly own a vicious dog. To prove a dog owner is liable in such a case, you must have proof they are the owner of the dog involved in the attack. 

Victims must also have evidence to show they were attacked by the dog, and proof that the dog owner had prior knowledge of their dog's vicious propensities.

• Common Law Negligence

Lastly, dog owners can be sued under "common law negligence". 

In this case, the victim must prove the dog owner is the legal owner of the dog and show evidence of the dog attacking them. The dog attack victim must also prove the dog owner was careless/ negligent in failing to prevent the attack.

What to do if your dog for defense injures someone or destroys property

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If your guard dog injures you or destroys property, here’s what to do. 

1. Seek medical assistance 

The first step should always be to take anyone injured to the hospital for medical attention. If not treated promptly, dog bites can lead to severe infections. Such an eventuality may cost you more if you are sued by the victims of the dog attack.

2. Report the incident

Contact the police and animal control experts to report the dog attack incident. The police will come to the scene and gather evidence, while animal control may take the dog responsible for the attack away. You must also file a dog bite report with the police.

3. Record witness information

If there are witnesses to the dog attack, get their contact details and witness accounts of the incident. You may identify details that will help you avoid liability if you are sued for your dog's behavior. 

4. Get details of the dog attack victim

Ask for more information about the victim, such as their name, address, phone number, and insurance information.

5. Get details of other pet owners

If there are other animals, such as pets or domestic animals, involved in the incident, write down details of their owners, such as name and address. Please include information about the animal attacked in the incident, such as their breed and any other distinguishing features in the description.

6. Document the incident 

Take pictures and videos of the victim's injuries, the location of the dog attack, eyewitness accounts, and any deposition testimonies of the attack. These evidence records will help you to identify any signs of negligence by the injured persons in the incident. E.g., Inexplicable aggressive behavior towards your dogs.

7. Talk to a personal injury lawyer

Seek legal counsel from a reputable personal injury lawyer in New Jersey. These law experts will help you navigate any liability lawsuit and protect your rights in the matter.

Liabilities of using dogs for home defense in New Jersey

New Jersey operates under strict liability statutes where dog attacks are concerned. Dog bite victims can recover damages from a guard dog owner or their insurance company. 

So, if you are a guard dog owner in New Jersey, you must familiarize yourself with the basic facts surrounding dog bite liability. These are:

• Dog bite injuries are all injuries resulting from a dog attack, such as mauling, bites, and bone breaks. This is based on a ruling in the Gross v. Dunham case, where a dog bite victim who was bitten on the leg received compensation for a back injury she suffered in the attack.

• A dog owner must compensate the dog bite victim even if their guard dog is not aggressive or has no history of biting.
• A dog owner must compensate a person attacked by their dog even if they are not bitten. This compensation is filed through a "negligence claim" or "common law strict liability claim."
• According to the law, "negligence" is a way of referring to carelessness. In dog attack cases, this could refer to incidents where a dog owner lets a dog off its leash in a park where it should be leashed.

• Common law strict liability also provides that a dog owner can be held liable when their dog attacks someone if they are aware of the dog's vicious propensities.
• Vicious propensities are a history of aggressive behavior or a reputation for snapping and lunging at people.

• A dog owner is liable even if the dog and dog bite victim are on public property. For example, if they lose control of their dog in a crowded mall, street, or playground.
• According to the State v. Taffet ruling in 2010, owners of aggressive dogs are liable if trespassers are bitten by their dogs unless the bite victim intends to commit a crime.
• Recoverable damages in a dog bite liability case include lost wages, uninsured medical bills, scarring/disfigurement, non-economic, emotional damages such as anxiety and post-traumatic stress disorder (PTSD).
• Victims of a dog bite attack have 6 years to sue for property damage and 2 years to sue for personal injuries. This is a long time for a dog bite victim to build a case against you. 

Fighting a dog bite case for all these years can cost you a lot of money. It's best to hire a reputable personal injury attorney to handle your case immediately after a dog bite incident to minimize the time needed to resolve the issue.

Possible defense strategies for dog owners in a New Jersey dog bite case

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There are some arguments you can use to defend yourself in a dog bite incident where your dog is involved. 

Provocation

Provocation is a valid defense that many dog owners use to avoid liability in dog bite incidents. Although New Jersey law does not define provocation in dog bite law, quick movements, physical abuse, or startling by the victim can be construed as provocative behavior.

New Jersey courts measure provocation using the comparative negligence rule. According to this rule, if the dog bite victim is less than 50 percent accountable for occurrences in a dog attack ( even where there is provocation), they can recover damages from a dog owner.  

Compensation in such cases is calculated according to the victim's percentage of responsibility in the dog attack incident. For example, if the victim is 20% responsible for the dog attack and the court awards $ 50,000 in damages, the victim will only receive $ 40,000.

Comparative fault

There are cases where the courts account for a victim's behavior in a dog bite incident. This is referred to as "comparative fault." It highlights incidents where dogs and their dog owners are not to blame for dog attacks. A good illustration is a case where the dog bite victim is careless, such as when they are bitten for teasing or taunting a dog.

Employment

Dog owners also have some form of defense if someone in their employment is bitten by their home defense dog. For example, if an independent contractor, such as a dog sitter, is bitten by a dog. 

In such a case, the dog sitter cannot sue the dog owner unless they negligently or purposefully conceal from them a known danger, such as the dog's aggressive tendencies. 

These are some defense strategies that dog owners can use to avoid liability or reduce the compensation they have to pay injured victims in a dog attack incident.

How to avoid liability lawsuits for owning dogs for home defense

A guard dog is not a sure protection against attacks from aggressive people, thieves, or other animals.

Therefore, unless you are an animal lover who enjoys keeping dogs as guard dogs and pets, explore the idea of finding another way to secure your property. 

If you must have a protection dog for your family, get one that is not quick to lunge or bite people and other animals. This should be an animal that you can have around other pets, kids, or older people. 

Hire a dog trainer to teach your dog how to behave around people and other animals in private and public areas. An example of effective dog training for home defense dogs is obedience training. 

Dog experts also advise that you train a guard dog from the puppy stage to socialize them properly. When dogs are puppies, you can guide their behavioral development, preventing them from growing up to be aggressive canines.

It's also important to keep puppies from experiencing stressful or traumatizing experiences.

Last Word 

Now you understand the liabilities of using dogs for home defense. You can escape surprise charges/arrests by training your dog to observe good behavior. 

The financial, physical, and emotional costs of a dog attack can be detrimental to you and anyone affected by such an event. If you are faced with a liability lawsuit because your dogs for home defense attacked someone or destroyed property, talk to a personal injury lawyer.

These legal experts will help you fight for compensation or save you from needlessly paying for an attack your dog is not responsible for.