At a Glance
- Case Type
- Civil Lawsuit Filed
- Jurisdiction
- New Jersey
- Date
- 2023-05-04
- Status
- Pending
A New Jersey woman has filed a civil lawsuit against a dog owner after a pit bull attack left her with permanent scarring, according to The New York Times [1]. The complaint seeks a damages award that legal observers say could prove substantial, given the nature and permanence of the injuries alleged [1].
The case turns on New Jersey's strict liability dog bite statute, codified at N.J.S.A. 4:19-16. Under that provision, the owner of any dog that bites a person while the person is on a public place, or lawfully on a private place, including the owner's own property, is liable for damages, regardless of the dog's former viciousness or the owner's knowledge of such viciousness. [2] That statutory framework is plaintiff-friendly: because pet owners bear strict liability, a New Jersey dog bite victim does not have to prove that the owner was careless, reckless, or negligent. [3]
The practical effect of that standard is significant for a case involving documented permanent injury. When a dog bites a person in New Jersey, the state's strict liability laws leave the dog's owner liable for damages, a term that refers to all consequences of the attack, including past and future medical expenses, lost wages, and pain and suffering, with additional compensation sometimes available for disfigurement. [3] Permanent scarring, as alleged in the complaint described by The New York Times, falls squarely within that category of compensable harm [1].
The statute also forecloses one of the most common defenses available in other jurisdictions. The strict liability standard applies in dog bite cases regardless of whether the dog has ever bitten anyone in the past; New Jersey dog bite law does not recognize the "one free bite" rule. [4] A defendant seeking to defeat or limit the plaintiff's claim would need to establish an affirmative defense, such as trespass or provocation, and, even if the owner claims one of those defenses, they still bear the burden of proving it in court. [5]
The filing adds to a series of notable pit bull-related civil actions in New Jersey in recent years. In one comparable matter, a $1.62 million settlement was paid by Eleventh Hour Rescue, of Flanders, New Jersey, to pit bull attack victim Carol Olsen, of Midland Park, New Jersey, in what appeared to be the highest disclosed payout in a case brought against an animal shelter for alleged negligence in sending animals to foster homes. [6] The current plaintiff's case differs in that it runs directly against the animal's owner rather than an intermediary organization, but the damages potential under strict liability remains comparable. The case, as reported by The New York Times, remains pending [1].
References
[1] The New York Times. (2023, May 04). New Jersey Victim Sues After Pit Bull Leaves Her Permanently Scarred. https://www.nytimes.com/2023/05/04/us/pit-bull-attack-new-jersey-lawsuit.html
[2] Justia / New Jersey Revised Statutes. (2025). Section 4:19-16 – Liability of owner regardless of viciousness of dog. https://law.justia.com/codes/new-jersey/title-4/section-4-19-16/
[3] Cuneo & Leonetti Law. (2023, December 26). What Are New Jersey's Dog Bite Laws? https://www.cuneoleonettilaw.com/blog/2023/12/what-are-new-jerseys-dog-bite-laws/
[4] The Epstein Law Firm. (2025). New Jersey Dog Bite Laws. https://www.theepsteinlawfirm.com/dog-bites/new-jersey-dog-bite-laws/
[5] Peter N. Davis & Associates, LLC. (2025). What You Need to Know About the Dog Bite Law in New Jersey. https://peterdavislaw.com/blog/what-you-need-to-know-about-the-dog-bite-law-in-new-jersey/
[6] Animals 24-7. (2023, September 22). $1.62 million award against rescue for fostering out vicious pit bull. https://www.animals24-7.org/2023/09/20/1-62-million-award-against-rescue-for-fostering-out-vicious-pit-bull/