New Hampshire Dog Bite Laws

New Hampshire has earned the title "Granite State" in recognition of its abundance of granite quarries and boulders. The title has also come to represent the state’s strong economy and industry. But beyond that formidable front, New Hampshireans have a soft spot for furry companions. Dogs are present in around 51.8% of households, according to the 2024 AVMA Pet Ownership Statistics. This also increases the chance of someone being a victim of a dog bite and someone being liable under New Hampshire dog bite laws.

Knowing how to deal with a dog bite incident will help you be more prepared and informed to cope with the situation should it arise. This article delves into the specifics of New Hampshire’s dog bite laws, thereby serving as a helpful resource for dog owners and injury victims alike. The discussion covers topics including the standards of liability, civil and criminal penalties, statutes of limitations, and reporting processes in the state.

Dog Owner Responsibilities in New Hampshire

New Hampshire enforces strict legislation on dog ownership. There are requirements that dog owners must follow if they are to be responsible pet keepers. 

The state has laws against animal cruelty to ensure that dog owners care for their pets in accordance with animal welfare standards. Those who are negligent and purposely harm their pets are held accountable.

Dog owners are also expected to comply with the state laws on dog control, including the following:

• License and registration.  Dogs at least 4 months old must be registered and licensed in their municipality. The license must be renewed each year by the 30th of April. The dog must also wear a collar with a metal tag displaying the name of the city or town, the year the license was issued, and its registered number.

• Vaccination. Dogs aged 3 months and older, even if they stay indoors, must be vaccinated against rabies. 

• Muzzling and restraining. Dog owners must take necessary measures, such as restraining their pets from roaming freely, addressing disruptive behaviors like prolonged barking for more than 30 minutes, especially during the night, and having direct supervision of the dog, particularly when visiting public places. 

By complying with these regulations, dog owners show their commitment to their pet’s well-being and the community’s safety. Penalties for noncompliance include fines, imprisonment, seizure of the dog from the owner’s custody, and limitations on the owner’s right to have a pet later on.

Breed-Specific Legislation in New Hampshire

At present, New Hampshire does not have statewide breed-specific legislation. Although the state has extensive laws on dealing with dogs that display aggressive tendencies, it does not impose a ban on dog breeds that are believed to be inherently dangerous. 

When it comes to animal control and public safety, the state does not interfere with local authorities, allowing them to enact specific ordinances. This means that regulations and requirements can vary between communities. You should get acquainted with the specific regulations about the care and management of dogs in the city in which you reside. 

While so far there are no restrictions on the breed of dog that a person may own in New Hampshire, a bill has been proposed to criminalize the breeding and sale of brachycephalic dogs and other dogs with birth deformities. 

The American Kennel Club and the New Hampshire Dog Owners of the Granite State are among those who oppose the bill, HB 1102. They warn that the measure will have a stifling effect on responsible dog breeding practices because it exposes breeders to the risk of criminal prosecution and misleads people into thinking that dogs with brachycephaly are unhealthy.

Liability Standards in New Hampshire Dog Bite Cases

As per N.H. Rev. Stat. § 466:19, a person who owns or keeps a dog is strictly liable for any damage caused by their dog’s vicious or mischievous actions. The extent of harm is not limited to direct physical bites or contact; it can also encompass non-bite injuries and property damage. 

Identifying the responsible party may present a challenge, as there are individuals other than the dog’s legal owner who may be liable for a dog bite. The statute also allows recovery from the following persons:

• Parent or guardian of an underage individual who owns the dog. 

• Dogkeeper or possessor. This is a person who assumes control or care for the dog, similarly to that of a dog owner. 

• Property owners. They are subject to rules of reasonable care under premises liability.

However, the injured party may pursue compensation from only one of these prospective defendants rather than from all of them. Moreover, strict liability does not apply if the plaintiff’s dog bite injury is due to any of the following: 

• Trespassing. An example of this is if the plaintiff enters the dog owner’s property for an unlawful purpose, such as taking a shortcut through someone’s backyard or breaking into a house.

• Provocation. An example of this is when someone attempts or acts in a way that causes a dog to exhibit aggressive behavior.  

In the above situations, the plaintiff’s degree of fault might reduce the damages that they will receive from the defendant or completely bar them from pursuing compensation, in accordance with the comparative negligence rule, as explained below. 

If the plaintiff’s fault is less than 51%, they can recover damages that are proportionate to the extent of harm for which the defendant is liable. For example, if the total damages amount to $100,000 and the plaintiff is found to be 30%, they will be eligible only for 70% of the award, or $70,000. However, if the plaintiff’s fault exceeds 50%, they will not be entitled to any compensation.

Statute of Limitations in New Hampshire for Dog Bite Cases

New Hampshire has a three-year statute of limitations for dog bite claims. This time limit begins immediately after the incident. Take immediate action before the expiration of the deadline, as courts generally refuse to hear cases that have passed the statute of limitations. 

A dog bite case can also be resolved without resorting to legal action. The victim can file a claim with the liable party’s insurance provider. This claim process must also follow the statutory time limit, so that if no settlement can be reached, the case can still be brought to court. 

Civil Penalties for Dog Bites in New Hampshire

New Hampshire has laws that are favorable to dog bite victims. Dog owners are held to strict liability standards, which means they will be financially responsible for any injury or damage caused by their dogs. The victim is entitled to receive a fair settlement amount that takes into account all of their losses and needs. 

The compensation includes, but is not limited to, past and future medical expenses, pain and suffering, lost wages and future earning incapacity, property damage, and legal costs. A civil penalty of this kind can be recovered through either a trial or a negotiated out-of-court settlement. 

Additional forms of civil penalties include fines for violating public safety regulations on the proper management of dogs. These violations include the owner’s failure to keep their dog from causing a nuisance and exhibiting menacing and vicious conduct. Examples of nuisances are barking for a sustained period of time and running at large. In addition, the authorities may confiscate the dog after subsequent violations. 

Criminal Penalties for Dog Bites in New Hampshire

Criminal penalties may be warranted in New Hampshire dog bite cases if the owner demonstrates extreme negligence or an intentional malicious act, causing the dog to attack,  injure, or kill another person.

The criminal penalties will be based on the circumstances surrounding the dog attack, the degree of negligence of the dog owner, and the extent of the victim’s injuries. The punishment may include fines, imprisonment from one week up to life in prison, and restitution payments to the victim. 

Reporting and Handling Dog Bite Incidents

Seeking medical attention should be your top priority after a dog bite incident. Any kind of wound, even if it wasn’t from the bite, needs to be checked for diseases like rabies. This will ensure that if you have been exposed to the virus, you will receive the required treatment to prevent you from developing the disease. 

The attack must also be reported to the authorities, such as the police and the local animal control agency. The authorities will start an investigation into the dog and the situation. They will also conduct quarantine procedures while determining whether the dog has an up-to-date vaccination record and whether the dog carries a disease that may have been transmitted to you. 

The investigation report could be useful if you plan to pursue a claim for damages later on. Moreover, calling the authorities will help you find the owner of the unidentified dog. 

It will also help your case if you gather additional information from the scene, including photographs of your injuries, videos of the site of the attack, and contact details of witnesses. 

The last step you may consider taking is to hire a dog bite attorney or a personal injury lawyer. Hiring an attorney might prove advantageous to effectively deal with legal matters and negotiations so you can maximize your compensation. 

How To Find a Dog Bite Attorney in New Hampshire

Seek out reliable legal help by browsing through bar association listings or lawyer referral services in your community and obtaining recommendations from people you know. You must also conduct research on the credibility and credentials of the lawyers you are considering.

Having competent legal representation is crucial when dealing with a dog bite incident in New Hampshire. A personal injury attorney can effectively advocate for your best interests in court or during negotiations with insurance companies. They will give you the benefit of their extensive knowledge of the law to navigate through the complexities of your case. 

Other Resources for Dog Bite Victims in New Hampshire

New Hampshire Bar Association

The New Hampshire Bar Association has a Lawyer Referral Service that helps those in need of legal assistance locate an attorney efficiently. There are three methods of submitting a referral: 

• By phone: 603-229-0002. A referral specialist will be in touch to help with clarifying the legal matter and connecting the victim with the appropriate attorney. 

• Instant Online Referral. Complete the required information on their website to have the system generate a referral based on the client’s search preferences. 

• Staff-Guided Referral Online. Complete the required information on their website, and a referral specialist will be in charge of finding and informing you of the referral result. 

The NHBA Lawyer Referral Service also provides the Modest Means Program, which gives low-cost legal aid to those who meet the eligibility criteria. The client must disclose specific details, including contact information, household data, a legal case description, and a financial assessment, on a pre-qualification form. An email will be sent informing clients of their eligibility for the program and providing them with instructions on how to obtain referrals over the phone or via email. 

The NHBA also allows clients to obtain an Attorney Verification or Good Standing Request on their website. 

US Legal Forms

US Legal Forms has an extensive digital collection of legal documents that allows claimants to easily acquire the necessary forms for filing a case. For dog bite-related documents in New Hampshire, one can find templates for the Dog Bite Complaint and the Dog Bite Settlement Agreement on their webpage. 

To access their services, clients will have to sign up for a subscription plan. The subscription grants access to over 85,000 legal forms that may be filled out, edited, notarized, downloaded, and printed. It also provides users with access to legal resources like case articles, publications, and legal dictionaries.