nh personal injury attorney

New Hampshire Dog Bite Law

More than 4.5 million people are bitten by dogs each year, with close to 900,000 of the victims requiring medical attention. A serious dog bite can be a costly and painful injury – if you have been injured by a dog, it is important to understand your rights.

The New Hampshire legislature enacted a stringent law treating dog bites and other dog-related injuries very seriously. The statute says,

“any person to whom or to whose property, including sheep, lambs, fowl, or other domestic creatures, damage may be occasioned by a dog not owned or kept by such person shall be entitled to recover damages from the person who owns, keeps, or possesses the dog, unless the damage was occasioned to a person who was engaged in the commission of a trespass or other tort. A parent or guardian shall be liable under this section if the owner of keeper of the dog is a minor.”

Dog Bite Injuries: Who is Responsible?

NH Dog Bite Personal Injury LawyerUnder this law, a dog owner is strictly liable for injuries caused by his or her dog. What this means is that the victim of a dog-related injury only needs to prove that the cause of the injury was a vicious or malicious act on the part of the dog. There is no requirement that the victim prove the dog owner knew the dog had a propensity for vicious behavior. Additionally, unlike in many states, New Hampshire law does not require the victim to prove that the owner failed to take reasonable steps to avoid injury.

Although it is commonly known as the Dog Bite Law, the injury sustained does not have to be directly from a bite. The owner of a dog who scratches, knocks someone down, or even scares someone into a fall or collision can be held liable under the Dog Bite Law. Damage to property, including other domestic animals or livestock can also be a source of liability under this law.

When NH Dog Bite Law is Not Applicable

If the Dog Bite Law is not applicable, such as in the case of a trespasser, there are other ways to hold the owner liable for injuries. In these cases, the victim does need to prove that the owner had prior knowledge of the vicious propensity of the dog. Proving prior knowledge can also be used to sue a landlord. In some instances if the landlord had prior knowledge of the dog’s behavior he or she can be held liable even though the dog belongs to or is in the care of someone else. This can be useful in a situation where the owner does not have insurance or funds.

While a dog bite case may seem relatively easy to win, there are many nuances to the law and an attorney who specializes in dog bite and dog-related injuries can help you determine how best to get the compensation you deserve.

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nh personal injury attorney

How are Injuries Caused by Animals Treated in Lawsuits?

If you’ve been anywhere near a television recently, you’ve probably seen news covering the reveal of Charla Nash, the woman who was brutally attacked by her employer’s 14 year-old chimpanzee, Travis, in February of 2009. According to reports, Nash went to visit her employer, Sandra Herold, when Herold called to ask for her help in containing Travis. When Nash arrived, Travis savagely attacked her, causing her severe disfigurement including the loss of both eyes, both hands, her nose and her lips.

As a result, Nash has sued Herold for $50 million and the state of Connecticut for $150 million in a personal injury suit. Herold’s attorney, however, claims that since Nash was an employee of his client, the suit should be for worker’s compensation and not personal injury. By switching claims, the attorney may be able to shield Herold from personal liability and ultimately lower the possible award to Nash. This would also shift the focus from the duties of pet ownership to employer responsibility and compensation.

So how does this affect you? Although not everyone owns a 200-pound chimpanzee, the story certainly gives rise to questions regarding animal attacks, liability and personal injury suits.

Dog owners especially are targeted for personal injury laws regarding pets. According to the CDC, there are over four million dog bites every year and almost a million of these require some type of medical attention.  While we’d all like to believe that our beloved pets wouldn’t harm a soul, it’s important to recognize that, under stress, many animals will defend themselves and their owners through biting.

Leash and fence laws are designed to help protect pedestrians from unknown canines and to help shield owners from liability. In order to help protect both owners and civilians, some states even restrict the types of breeds allowed in certain districts and maintain strict liability laws.

New Hampshire Statutes Pertaining to Animal-Inflicted Injuries
New Hampshire happens to be one of the states with strict laws. Basically, if a dog attacks another person (and that person was neither trespassing nor committing a crime), the owner of the animal is legally responsible for the injuries caused by their dog. In short, the owner of the animal is financially responsible for all lost wages, suffering, medical bills and stress that result from the attack.

In general, a person injured from a dog bite in New Hampshire does not need to prove that the owner of the dog knew that the animal had aggressive tendencies or that the owner was in any way at fault or negligent. The law also covers non-contact injuries such as causing a biking accident by scaring the rider. It also covers damage to property or livestock including fowl, cats and other domestic animals.

The law does not, however, cover harm to individuals who were trespassing, committing a crime, harassing, tormenting, teasing, or harming the dog in any way. This is important information for dog owners who keep their animals properly contained and may be concerned about counter suits from trespassing individuals who get harmed on their property.

Pet ownership is both a great privilege and a huge responsibility. New Hampshire laws are designed to protect both the owner and the civilian and it’s important to understand your liabilities before acquiring a new pet. Dog bites are more common than most people recognize, so be sure to follow the regulations to protect yourself, your property and your dog.

Note:  The laws are even more harsh if you own exotic pets.  Be sure to read up on the laws and regulations regarding wild or exotic animals before adopting anything other than common domesticated animals.

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