Posted in Dog Bite Injury
A dog attack can cause serious physical injury, lasting psychological trauma, and significant financial consequences that extend well beyond the immediate medical treatment. New Hampshire law provides meaningful protection for dog bite victims, but the framework is more specific than most people realize. Understanding what the law actually requires, what defenses dog owners raise, and what compensation is available helps Hudson area residents know where they stand after a dog attack.
What New Hampshire’s Dog Bite Statute Actually Says
New Hampshire’s dog bite liability is governed primarily by RSA 466:19, which establishes that every owner of a dog is liable for damages caused by the dog to a person, to their property, or to their domestic animals, when the dog causes damage while not on the owner’s premises, or when the owner is present on the premises at the time of the attack.
This is a strict liability statute in important respects. It doesn’t require the victim to prove the owner knew the dog was dangerous. It doesn’t require a prior history of aggression. It doesn’t require showing the owner was negligent in how they supervised the dog. If the dog caused the injury in the circumstances covered by the statute, the owner is liable.
This is a meaningful departure from the traditional “one bite rule” that some other states apply, which allows owners to escape liability for a dog’s first known attack. New Hampshire doesn’t give dog owners that free first bite in the situations the statute covers.
What Defenses Dog Owners Raise in New Hampshire Bite Cases
Strict liability doesn’t mean absolute liability. New Hampshire dog owners and their insurance companies raise several defenses in bite cases.
Provocation is the most common. If the victim provoked the dog, the owner’s liability may be reduced or eliminated. What counts as provocation is fact-specific. Intentionally tormenting a dog clearly qualifies. Accidentally startling a dog may or may not, depending on the circumstances. The defense gets particularly complicated when the victim is a child, because courts evaluate whether a child of that age could be expected to understand the risk their actions created.
Trespassing provides another defense. RSA 466:19’s strict liability provisions apply differently when the victim was trespassing on the owner’s property at the time of the attack. A trespasser who is bitten faces a higher burden in establishing the owner’s liability than a lawful visitor or someone in a public space.
Contributory negligence may also reduce recovery when the victim’s own conduct contributed to the circumstances of the attack, even without rising to the level of provocation.
A Hudson dog bite injury lawyer anticipates these defenses from the beginning of a case and builds the evidence that establishes what actually happened during the attack and in the moments before it.
What Compensation Dog Bite Victims Can Recover in New Hampshire
New Hampshire dog bite claims allow recovery for the full range of damages the attack caused.
Economic damages include:
- Emergency medical treatment, wound care, and hospitalization
- Reconstructive surgery when bites cause significant tissue damage
- Plastic surgery and scar revision for visible disfigurement
- Physical and occupational therapy during recovery
- Lost wages when the injuries prevented working during recovery
- Future medical costs for ongoing treatment or additional procedures
Non-economic damages include:
- Pain and suffering for the physical experience of the attack and recovery
- Emotional distress, anxiety, and PTSD that frequently develop after violent animal attacks
- Fear of dogs that develops and affects daily activities
- Disfigurement and permanent scarring, which New Hampshire courts recognize as compensable non-economic harm
Children are among the most common and most seriously injured dog bite victims, and their non-economic damages often reflect the significant psychological impact that violent animal attacks have on young people. When a child is attacked, New Hampshire’s statute of limitations also tolls until the minor turns 18, giving families additional time to evaluate and pursue the claim.
How Homeowner’s Insurance Typically Covers Dog Bite Claims
Most dog bite claims in New Hampshire are paid through the dog owner’s homeowner’s or renter’s insurance liability coverage rather than out of the owner’s personal assets. Coverage limits vary by policy, and some insurers exclude certain breeds or impose restrictions on coverage for owners with prior bite incidents. Understanding what coverage exists and what limits apply is one of the first steps in evaluating whether a settlement is adequate.
Welts, White & Fontaine, P.C. is Nashua’s largest law firm, with decades of experience representing injured clients throughout Hillsborough County and southern New Hampshire. If you or a family member was injured in a dog attack in the Hudson area, reach out to a Hudson dog bite injury lawyer to discuss the circumstances and understand what New Hampshire law provides for your situation.