Pingaro v. Rossi - 731 A.2d 523 (N.J. Super. App. Div. 1999)

Pingaro v. Rossi

731 A.2d 523 (N.J. Super. App. Div. 1999)

I. Issue

Whether a dog bite P suffered from a dog owned by D may constitute strict liability.

II. Reasoning

According to the so-called "dog bite" statute, N.J.S.A. 4:19-16,

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 f the former viciousness of such dog or the owner's knowledge of such viciousness.

D was the owner of the dog, the dog bit P and the bite occurred while P was lawfully on D's property.

III. Holding

Satisfaction of the elements of the statute imposes strict liability upon D for damages sustained by P.