Peter Derobertis, an Infant by His Guardian Ad Litem Carolyn Derobertis and Vito Derobertis

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that the trial court erred by not instructing the jury that the plaintiff must be lawfully on the defendant's premises for N.J.S.A. 4:19-16 to apply. The Court also overruled DeGray v. Murray to the extent it rejected absolute liability for owners of known vicious dogs. Justice O'Hern dissented, arguing that the infant was lawfully on the property and should not be treated as a trespasser.