NJ Personal Injury Law: Strict Liability

Strict liability is a standard of liability which is applicable even when a Defendant was neither negligent nor had any intent of wrongdoing. A Plaintiff need only prove that an injury occurred and that it occurred in a certain way, for instance as the result of being bitten by a dog. Strict liability is a commonly used theory of liability in cases involving harm caused by animals, an employer’s responsibility for his or her employees, and abnormally dangerous activities. In strict liability cases, Defendants who engage in certain dangerous activities are held liable for damages even when using the highest standard of care possible. Strict liability differs from negligence in that no fault on the part of the Defendant is required before liability is imposed.

New Jersey law imposes strict tort liability on owners and operators of hazardous waste facilities for all direct and indirect damages resulting from the operation or closure of the facility, including personal injuries, medical expenses and cleanup and removal of any discharge of a hazardous substance. Dog owners in New Jersey are held strictly liable for injuries caused by their dog on public property or when the Plaintiff is lawfully upon private property, including the property of the dog owner. Strict liability is also imposed upon, but not limited to, certain sellers and manufactures of defective products and persons in violation of specific environmental laws.

The doctrine of strict liability renders a Defendant’s intent or negligence irrelevant, and holds them liable if a Plaintiff can prove that the injury occurred in the manner alleged. NJ personal injury law imposes strict liability on those who commit certain torts, such as spilling dangerous chemicals, manufacturing certain defective products, or allowing their dog to cause injury to another. 

For further details visit New Jersey Personal Injury Lawyer or wants an appointment contact Bergen County Dog Bite Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272

Personal Injury Law in New Jersey: Dog Bites

There are two basic approaches to dog bite law: ‘one bite’ and strict liability. The one bite rule comes from an old British rule that allowed an owner to evade liability for the first bite his dog inflicted. The basis of the rule is that an owner cannot know that the dog has a dangerous propensity until after it has bitten its first victim, and therefore, should not be held liable for the first bite.  Strict liability means that there is no requirement that a victim prove the dog owner was at fault for the bite or that the dog has bitten before.

New Jersey law imposes strict liability on a dog owner whose dog bites someone while loose, on public property, or while lawfully on the dog owner’s property.  A person is lawfully upon the property of an owner in New Jersey, “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”.  The law provides that an owner is liable regardless of the former viciousness of such dog or the owner's knowledge of such viciousness. This means that a dog in New Jersey does not get one free bite.

There are however, exceptions to strict liability and legal defenses to dog bite claims, such as the victim was negligent, provoked or attacked the dog, or was trespassing.  In New Jersey, the dog bite law applies only to those who are “lawfully upon the property” of the dog owner, therefore, an owner may not be liable for injuries caused to a victim who is trespassing.

For further details visit New Jersey Personal Injury Attorney or wants an appointment contact Bergen County Dog Bite Attorney here: Law Offices of Jeffrey S. Hasson, P.C. 320 Cedar Lane Teaneck, NJ 07666

Call us today! (201) 530-6272