Jeff Varcadipane
October 6, 2025
dog bite levels
A dog bite can shatter your sense of safety, leaving physical scars and emotional trauma. In New Jersey, where over 5,000 dog bites occur yearly (per CDC), understanding dog bite levels is key to valuing your case. New Jersey’s strict liability laws (N.J.S.A. 4:19-16) hold dog owners accountable, but compensation hinges on injury severity. This blog explains dog bite levels, their impact on a dog bite lawsuit, and what kind of lawyer you need for a dog bite in New Jersey or New York.
What Are Dog Bite Levels?
Dog bite levels, based on Dr. Ian Dunbar’s Dog Bite Scale, categorize bites by severity, guiding medical treatment and legal action. Knowing the level helps you navigate a dog bite lawsuit:
- Level 1: No skin contact; growling or snapping without injury.
- Level 2: Minor scratches or bruising without punctures.
- Level 3: One to four shallow punctures from a single bite.
- Level 4: Deep punctures or lacerations requiring medical attention.
- Level 5: Multiple deep bites or crush injuries causing severe harm.
- Level 6: Fatal attack resulting in death.
Higher dog bite levels indicate more severe injuries, requiring urgent care and stronger legal strategies.
Medical and Emotional Effects of Dog Bite Levels
Each dog bite level carries unique risks:
- Levels 1–2: Minor physical harm but potential fear or anxiety, especially in kids. Treatment may include wound cleaning or counseling.
- Levels 3–4: Risk of infections, scarring, or nerve damage. Requires stitches, antibiotics, or surgery.
- Level 5: Severe outcomes like disfigurement, disability, or death. Needs extensive care, reconstructive surgeries, or therapy for PTSD.
Why Children Are at Risk
Children face higher risks due to their proximity to dogs and lack of awareness of warning signs like growling. Common scenarios include:
● Playful Provocation: Pulling a dog’s tail or ears.
● Sudden Movements: Startling a dog, triggering a bite.
● Unsupervised Play: Lack of adult oversight.
● Stray Dogs: Unpredictable behavior from unfamiliar animals.
Understanding these risks helps parents take preventive steps and recognize when a dog bite lawsuit is needed.
New Jersey’s Dog Bite Laws
New Jersey’s dog bite statute (N.J.S.A. 4:19-16) imposes strict liability, making owners responsible for bite damages, even if the dog was never aggressive before.
Key points:
- Bites Only: Applies to bite injuries, not scratches or knock-downs (which need negligence proof).
- Location: Victim must be on public property (e.g., a park) or lawfully on private property (e.g., invited to a home).
- Comparative Fault: Damages may decrease if the victim provoked the dog, but recovery is barred only if over 50% at fault.
Steps After a Dog Bite
To protect your child and build a dog bite lawsuit, act fast:
- Secure the Dog: Move it to a kennel or vehicle with ventilation.
- Treat Injuries:
- Clean minor wounds (Levels 1–2) to prevent infection.
- Seek emergency care for severe bites (Levels 3–5) via 911.
- Document Evidence:
- Photograph injuries, the scene, and the dog.
- Note incident details (e.g., provocation, location).
- Collect witness statements.
- Identify the Owner: Get their name, address, and insurance details.
- Report the Bite: Contact animal control (e.g., Essex County: 973-621-4111) to check rabies status.
These steps strengthen your case for all dog bite levels.
Protecting Your Child After a Bite
Prevent future incidents and aid recovery:
● Supervise Interactions: Monitor kids around dogs, even familiar ones.
● Teach Dog Safety: Instruct children to ask permission before petting and avoid sudden moves.
● Seek Counseling: Address emotional trauma like fear or PTSD with a therapist.
● Follow Medical Advice: Prevent infections or complications with proper care.
● Report Strays: Notify animal control about loose or aggressive dogs.
Recoveries in a Dog Bite Lawsuit
A dog bite lawsuit can recover:
- Economic Damages:
- Medical bills (e.g., stitches, surgeries, therapy).
- Future medical costs for ongoing care.
- Parental lost wages from caregiving.
- Non-Economic Damages:
- Pain and suffering from physical harm.
- Emotional distress or PTSD, especially in children.
- Scarring or disfigurement.
- Punitive Damages: Rare, for reckless owner actions (capped at $350,000 or five times compensatory damages in NJ).
Settlements vary by dog bite level.
What Kind of Lawyer Do I Need for a Dog Bite?
For a dog bite lawsuit, hire a personal injury lawyer with expertise in:
- Dog Bite Laws: Knowledge of NJ’s strict liability statute and insurance negotiations.
- Medical Evidence: Skill in securing records and expert testimony to prove dog bite level
- Litigation: Experience fighting insurers or taking cases to trial.
A lawyer will:
- Collect evidence (e.g., medical records, photos).
- Negotiate fair settlements with insurers.
- File within NJ’s two-year statute of limitations.
- Counter defenses like provocation.
Varcadipane & Pinnisi, PC, in New Jersey and New York, works on contingency no fees unless you win ensuring maximum recovery.
Factors Affecting Case Value
Beyond dog bite levels, case value depends on:
- Injury Severity: Higher levels (4–5) yield larger settlements.
- Victim’s Age: Children’s cases often secure higher awards for trauma.
- Medical Costs: Surgeries or therapy increase payouts.
- Emotional Impact: Documented PTSD boosts damages.
- Insurance Limits: Policies typically cap at $100,000–$300,000.
A lawyer maximizes value by presenting strong evidence.
5 Mistakes to Avoid in a Dog Bite Lawsuit
Avoid these errors to strengthen your case:
- Delaying Treatment: Immediate care documents dog bite levels and prevents infections.
- Not Documenting: Skipping photos or witness statements weakens claims.
- Missing Deadlines: File within NJ’s two-year statute of limitations.
- Accepting Low Offers: Insurers may undervalue claims; consult a lawyer.
- Posting Online: Avoid sharing case details on social media.
How Long Does a Dog Bite Lawsuit Take?
Most dog bite lawsuits settle in 6–18 months, depending on dog bite level and insurer cooperation. Severe cases (Levels 4–5) or trials may take 2–3 years. A lawyer ensures timely, fair resolutions.
Protect Your Rights with a Dog Bite Lawsuit
Dog bite levels determine the severity of injuries and the value of your dog bite lawsuit in NJ. From minor scratches (Level 2) to severe attacks (Level 5), New Jersey’s laws offer justice. Act quickly to treat injuries, document evidence, and report the bite. Wondering what kind of lawyer you need for a dog bite? A personal injury lawyer with dog bite expertise, like those at Varcadipane & Pinnisi, PC, in New Jersey and New York, can maximize your compensation on a contingency basis.
Dog bite injury? Visit www.vplaw.com for a free consultation.
Jeffrey W. Varcadipane
Jeffrey W. Varcadipane is a Certified Civil Trial Attorney by the Supreme Court of the State of New Jersey and a Founding Partner of the Firm. He handles a variety of matters including civil and commercial litigation, appellate practice, real estate, and business law.
University: J.D. Fordham Law School
Bar Number: 29472005
Locations: New Jersey, New York, and Florida.
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