Does a dog have to have a history of biting to be considered dangerous?

In New Jersey, a dog does not need to have a history of biting to be considered dangerous. The state has enacted a law which states that any dog exhibiting dangerous behavior is deemed to be a “potentially dangerous dog”. For instance, if a dog has injured or attempted to bite a person, or if the dog has chased or approached a person in a menacing fashion or in an apparent attitude of attack, then the dog is considered to be a “potentially dangerous dog”. In addition, any dog that is a “habitual, loud barker” can also be determined to be a potential danger to people. Furthermore, if a dog has been trained, brought up or used for the purpose of guarding, attack or intimidation, such as a guard dog or a protection dog, then that dog too can be deemed dangerous. Any person who is injured by a “potentially dangerous dog” or a “habitual, loud barker” in New Jersey may be entitled to compensation for the damages suffered as a result. As such, the dog owner can be held responsible for any resulting injury as long as the injured person acted responsibly and did not provoke the dog. Therefore, whether or not a dog has a history of biting, it can still be deemed dangerous in New Jersey. Therefore, all dog owners should take proper precautions in order to ensure the safety of themselves and those around them.

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