Bill Text: NJ S3172 | 2024-2025 | Regular Session | Introduced
Bill Title: Removes strict liability in certain circumstances for owners of dogs that bite and stipulates certain requirements for dog bites received in animal or veterinarian facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-09 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S3172 Detail]
Download: New_Jersey-2024-S3172-Introduced.html
Sponsored by:
Senator TROY SINGLETON
District 7 (Burlington)
SYNOPSIS
Removes strict liability in certain circumstances for owners of dogs that bite and stipulates certain requirements for dog bites received in animal or veterinarian facilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning liability for dog bites and amending and supplementing P.L.1959, c.33.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1959, c.33 (C.4:19-16) is amended to read as follows:
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. For the purposes of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), "private property" and "public place" do not include an animal or veterinary facility, as defined pursuant to section 1 of P.L.1983, c.98 (C.45:16-11).
(cf: P.L.2012, c.17, s.7)
2. (New section) An employee of an animal or veterinary facility, including, but not limited to, a veterinarian and other individuals employed as part of facility staff to assist with animals, shall hold liable the owner of a dog that bites an employee only if the employee demonstrates that the owner neglected to disclose a prior biting incident involving the dog.
3. This act shall take effect immediately.
STATEMENT
This bill removes the strict liability currently applied under law to owners of dogs that bite an individual when the bite is received in an animal or veterinarian facility. An employee who is part of facility staff, which includes veterinarians and other individuals employed to assist with animals, can hold an owner of a dog that bites the employee only if the employee can demonstrate that the owner neglected to disclose a prior biting incident involving the dog. "Animal or veterinary facility" means any fixed or mobile establishment, veterinary hospital, animal hospital or premises wherein or whereon the practice of veterinary medicine or any part thereof is conducted.
