Vicious / Potentially Dangerous Dog Defense

Occasionally, a dog may injure a human or another companion animal, either in self defense or in defense of a human. In New Jersey, the law allows an Animal Control Officer to impound any dog that harms a human or other animal in an “Unprovoked” attack, and to require the dog’s family to appear in municipal court to defend the charges that the dog is either vicious, or potentially dangerous.

The consequences of a conviction are grave. Vicious dogs are euthanized – even if the offense was their first attack. Potentially dangerous dogs are required to be specially licensed (at up to $750 per year in special registration fees), kept in specialized and expensive enclosures with warning signs, muzzled and walked on special leashes. The owner may also have to provide special insurance that is difficult or impossible to procure.

Under no circumstances should a lay person attempt to defend a dog that is charged under this act. Many cases are emotionally charged and result in a bad verdict for the owner, but are overturned on appeal if an adequate record is made at trial. Because this law is rarely invoked, most municipal judges and prosecutors are unfamiliar with its terms and provisions and need to be guided.

Gina Calogero has probably handled more “vicious dog” defenses than any other lawyer in the State of New Jersey, starting with Splinter (shown in the photograph to the left). She has represented five Pit bulls, four Rottweilers, a Golden Retriever, two Labrador retrievers, two German Shepherd dogs and several mixed breeds. She litigated a case that resulted in the only reported decision on the Vicious Dog Act in the New Jersey books.