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What Is an Example of Premises Liability? A Real New Hampshire Case Explained

  • Writer: Keith Diaz
    Keith Diaz
  • 4 days ago
  • 4 min read
New Hampshire residential street showing a typical property setting for a premises liability example.

Premises liability is a broad area of law. It applies when an owner creates or allows an unsafe property condition that injures someone lawfully on or near the property. To understand how these claims work in real life, here is a premises liability example drawn from an actual New Hampshire case litigated by Apis Law.


This example shows how a simple walk near a residence turned into a serious injury because a property owner failed to control a known hazard.


This case settled for $60,000.



A Premises Liability Hazard on a Residential Property


In this case, a client was walking on a public road near a residential home early in the morning. The homeowner kept two dogs. Instead of restraining them or ensuring they remained on the property, the owner released both dogs unrestrained and then left for work. The dogs were free to roam beyond the property line. This created a dangerous condition for anyone passing by. Even the local mail carrier was afraid to enter the property.


The owner released both dogs unrestrained, free to roam outside the boundaries of their property. 


As the client walked by, the dogs charged toward the public way. Without warning, one dog bit the client forcefully, causing four puncture wounds and circular bruising. The second dog barked and snapped but did not bite.


Unrestrained dog standing near the boundary of a New Hampshire residential property, illustrating a potential premises liability hazard.

Immediate Medical Treatment and Rabies Concerns


The client sought medical care the same day. The wounds required antibiotics. The situation escalated when the homeowner failed to answer basic questions about whether the dog was vaccinated for rabies. Law enforcement repeatedly requested confirmation, but the owner did not provide it for weeks.


The owner did not confirm whether the dog was vaccinated for rabies until nearly a month after the attack. 


During that delay, a rash developed from the antibiotic. Because rabies could not be ruled out, the injured client had to undergo a full series of rabies injections. These injections were painful, time-consuming, and entirely avoidable had the owner followed the law.


The Legal Basis for Premises Liability


This type of negligence fits squarely within New Hampshire's premises liability principles. Property owners must control hazardous conditions that pose foreseeable danger to others. In residential settings, unrestrained dogs are a classic hazard.


Two legal theories applied:


1. Negligence


The owner failed to restrain the dogs, failed to supervise them, and failed to protect the public from a known danger.


2. Strict Liability Under RSA 466:19


New Hampshire’s dog-bite statute, RSA 466:19, holds the owner strictly liable for injuries caused by their dog. No prior bite history is required. Once the dog injures someone, liability attaches. Click ---> here to read more about dog bite liability.


The combination of negligence and strict liability made this a strong example of premises liability.


Evidence That Strengthened the Claim


Legal documents and investigative materials represent evidence used to prove a New Hampshire premises liability claim.

Several facts reinforced liability:


• Police investigated immediately and issued citations for “dogs at large,” “vicious dog,” and failure to register both dogs. 

• Medical records showed puncture wounds, bruising, scarring, and fluid-filled tissue changes.

• The rabies vaccination delay forced unnecessary injections, increasing damage.

• The incident was unprovoked, and the client was lawfully walking on a public way. 


This documentation made the hazard clear, preventable, and legally actionable.



Injury Complications and Long-Term Effects


The injuries were more than surface-level. The wounds later scarred. They caused chronic pain and discomfort. There were adverse reactions to early medications. And the psychological effects were significant, including fear of dogs and heightened anxiety during daily activities.


The wounds became scarred, chronically filled with fluid, and caused pain and discomfort. These long-term effects often drive value in premises liability cases.


Resolution of the Case


This matter settled for $60,000, a figure that reflected:


• The severity of the injuries

• The statutory strict-liability framework

• The costs associated with medical treatment

• The unnecessary rabies protocol caused by the owner’s delay

• The emotional and psychological impact on the injured person


This was a fair outcome based on the facts and the law.


What This Teaches About Premises Liability in New Hampshire


This case is a strong example of premises liability because it shows how a simple, everyday situation can escalate when a property owner ignores basic safety obligations.


In Southern New Hampshire—particularly the communities around Manchester, Bedford, Amherst, New Boston, Auburn, Londonderry, Derry, Hooksett, Bow, Francestown, Concord, Nashua, and Keene—there are many residential neighborhoods where people commonly walk. When a homeowner allows known hazards to escape their property, injuries are predictable and preventable.


Premises liability law exists to hold property owners accountable when they fail to manage hazards on their property.


If You’ve Been Hurt Near Someone Else’s Property, Apis Law Can Help


If you were injured because a residential or commercial property owner failed to maintain a safe environment, you may have a valid premises liability claim.


These cases often involve:

• Dog bites --> click here to read about another real dog bite case settlement to learn more about premise liability

• Unsafe walkways

• Ice and snow hazards

• Poor lighting

• Defective stairs

• Negligent security


Every case is fact-specific. A consultation with a New Hampshire personal injury lawyer can identify the legal theories that apply and the evidence needed to prove liability. Contact Apis Law for a free consult. Attorney Keith F. Diaz is an experienced New Hampshire litigator with more than two decades of courtroom experience.


Professional New Hampshire law office environment representing Apis Law’s personal injury and premises liability services in Goffstown, NH
Law Office - Apis Law - Goffstown, NH



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