Dog Bite Injury Law In New Hampshire

Being bitten by an aggressive dog is an unsettling experience. The unexpectedness of a dog attack, combined with the pain of being bitten, can create a sense of panic, shock, and vulnerability. The right to compensation for dog bites in New Hampshire is very favorable to victims. The average dog bite case can settle in the range of $30,000.00 to $70,000.00.

Understanding Your Rights Under RSA 466:19

New Hampshire has a statute, RSA 466:19, purposed to help dog bite victims recover money from a person who owns, keeps, or possesses a dog that bites them. The statute holds dog owners responsible for keeping their dogs under control. It holds owners strictly liable for any damage which a victim proves was occasioned by a dog's vicious or mischievous conduct:

NH RSA 466:19 Liability of Owner or Keeper. – "Any person to whom ... 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 ..." (Excerpt).

The statute is of some interest to personal injury attorneys because the dog bite victim does not have to prove that the owner, keeper, or person controlling the dog knew or should have known the dog's propensity to bite people.

Common Dog Bite Injuries and Medical Complications

Dog bites can result in a wide range of injuries and damages, including puncture wounds, lacerations, and skin tears. Dogs have powerful jaws that can cause significant punctures and skin tears. Severe dog bites can lead to broken bones, especially in the hands or arms, if a person uses them to fend off the attack. Dog bites can also result in permanent scars, which may require surgical correction. Additionally, dog bites can introduce bacteria into the body, leading to infections like cellulitis or, in rare cases, more serious conditions like sepsis. If the dog hasn't been vaccinated, there's a risk of rabies transmission.

Immediate Medical Attention

Often, physical damage from dog bites requires immediate medical care, surgery, rehabilitation, and ongoing medical treatment. If a victim is unable to work due to the injury, they can claim compensation for lost income. For long-term injuries that require ongoing medical attention, a victim can claim future medical expenses.

Emotional and Psychological Impact

Some victims might relive the trauma and experience heightened fear around dogs. This includes anxiety, nightmares, and general emotional suffering post-incident. Some victims develop long-term fears of dogs or similar animals. The memory of the incident often replays in the victim's mind. For many, there is an outright fear of dogs. The trauma can extend to victims becoming hesitant to engage in activities where dogs might be present. The experience is not just a fleeting moment of pain; it often evolves into a prolonged journey of recovery, both physically and mentally.

A victim of a dog attack can recover money for these injuries.

Proving Your Dog Bite Case in New Hampshire

At trial, the plaintiff needs only to prove:

1. The dog had an owner, keeper, or handler other than the plaintiff;

   
   

1. The dog bit the plaintiff, and

2. The bite caused the plaintiff injury.

   
   

Notably, while the statute is often referred to as the "dog bite statute," it does not require proof of a dog bite. The New Hampshire Supreme Court has held that under RSA 466:19, a victim may recover money caused by a dog's mischievous conduct, a broad term referring to injury occasioned by a dog. Under the statute, a dog bite is merely one kind of mischievous conduct.

Case Example

Consider the following facts from an actual case where the victim was not bitten by a dog but, under RSA 466:19 found to be injured:

The victim was riding their bicycle on a public road. As they were passing in front of a house, a small dog came toward the bike rider. Startled and afraid the dog was coming toward his right leg to bite him, the biker instinctively stuck their right leg out to ward off the dog. At the same time, the biker looked down and to the right, toward the dog, and removed his right hand from the handlebar. He lost his balance and fell, as the front tire of the bicycle jackknifed. The entire incident took only a matter of seconds. The dog never bit or made physical contact with the plaintiff. Bohan v. Ritzo, 141 N.H. 210 (1996).

Negligence vs. Strict Liability

Lawyers refer to NH RSA 466:19 as a strict liability law because there is no requirement to prove that the defendant knew or should have known about a dog's propensity to cause mischief. The statute imposes an absolute mandate on dog owners to be responsible for their dog's conduct, making it easier for a personal injury attorney to pursue a claim on behalf of their injured client. If a victim filed a negligence claim, they would have to convince a jury that the owner or person controlling the dog knew of the dog's vicious nature and failed to protect the victim from being bitten. The defendant could argue that they were not to blame for the dog's mischief, as they did not foresee it, having trained their dog, kept it on a leash, and never seen it act aggressively toward a person. Under such circumstances, negligence can be challenging to prove, as even well-trained dogs can be unpredictable, including the seemingly normal ones under the care of a responsible owner. Fortunately, NH RSA 466:19 holds dog owners strictly accountable for the conduct of their dog - even if the dog owner acted reasonably and with care.

Comparative Fault in Dog Bite Cases

According to the New Hampshire Supreme Court, if you're bitten by a dog, you don't have to prove that the dog's owner was careless. However, if there are signs that the victim (the plaintiff) acted carelessly around the dog, the dog's owner (the defendant) can argue that it was partly the victim's fault that the victim got hurt.

For example, if someone teases a quiet dog by hitting it with a stick and then gets bitten, that action can be considered when deciding whether the dog owner or handler should be responsible for the bite. The jury is allowed to consider how the victim acted carelessly when determining who is responsible for the bite injury.

Every case needs to be judged on its own merits. Therefore, if you or someone you know has been the victim of a dog bite, consult Apis Law about the facts of the incident.

When Rabies Vaccinations Increase Compensation

When a dog has an expired vaccination and bites someone, the standard treatment protocol requires a series of costly vaccinations administered by needle injection into the bite site.

The rabies vaccine, a critical safeguard for both pets and humans, typically lasts for one to three years, depending on the vaccine type and local regulations. If the dog’s rabies vaccination has expired, the person bitten faces a high-risk scenario, as rabies can be fatal if not treated immediately after exposure.

In such cases, the standard treatment protocol requires a series of expensive rabies vaccinations. These are administered through needle injections at the site of the bite and often continue for several weeks. The cost of this post-exposure prophylaxis (PEP) usually exceeds $10,000.00, as the treatment regimen includes multiple doses of the rabies vaccine, plus possible rabies immune globulin (RIG) injections. The price tag, combined with the emotional stress of potential rabies exposure, underscores the importance of keeping pets' vaccinations up to date and increases the value of a personal injury claim.

Apis Law has settled minor dog bite cases for over $65,000.00 because the victim received a rabies vaccination when bitten by an unvaccinated dog.

If a dog has bitten you, you must learn whether the dog's vaccination is up to date. The best way to obtain this information as quickly as possible is to ask the dog owner and also contact local law enforcement.

According to New Hampshire's Department of Health and Human Services, on the issue of rabies, if you have been bitten, scratched, or have had contact with the saliva of an animal that you believe is rabid:

1. Immediately wash the exposed area with soap and water (or flush with water if contact involves the eyes, nose, or mouth) for at least 10 minutes, and immediately call your doctor.

   
   

2. If your doctor recommends treatment, you will undergo a series of injections that should be given as soon as possible after exposure to prevent illness.

   
   

What to Do After a Dog Bite

After any dog attack in New Hampshire, act quickly to protect your health and preserve your right to compensation.

1. Seek medical attention immediately. Even minor bites can lead to infection or scarring. Obtain a comprehensive medical evaluation and document all treatments.

2. Identify the dog and its owner. Get the owner’s name, address, and confirmation of current rabies vaccination status.

3. Report the incident. Notify local law enforcement or animal control. A formal report creates vital evidence for your claim.

4. Document everything. Photograph wounds, torn clothing, and the attack location. Keep copies of medical bills and insurance correspondence.

5. Avoid giving statements to insurers. Adjusters often minimize liability or shift blame to you. Speak to an attorney before discussing your injuries.

Following these steps strengthens your case under RSA 466:19, New Hampshire’s strict liability dog-bite statute, which holds owners responsible for injuries caused by their dogs’ vicious or mischievous conduct.

Contact an Experienced Dog Bite Attorney in New Hampshire

If you’ve been bitten or injured by a dog anywhere in New Hampshire, you may be entitled to recover for medical expenses, lost wages, permanent scars, emotional distress, and future care. These claims are time-sensitive—delay can harm your case.

At Apis Law, Attorney Keith F. Diaz applies more than two decades of litigation experience to maximize recovery for victims of dog attacks and other personal injuries. We investigate liability, obtain veterinary and medical records, and negotiate aggressively with insurers.