What to Do After a Dog Bite
- Seek immediate medical attention: Visit a doctor or hospital right away. Dog bites carry high risks of severe infection, tetanus, and rabies, and your medical records serve as primary evidence.
- Identify the dog and owner: Collect the owner’s full name, phone number, address, and homeowner’s or renter’s insurance information.
- Gather evidence: Take clear photographs of your injuries, torn or bloody clothing, and the exact location of the attack.
- Report the incident: File a formal report with your local animal control department or police station to create an official paper trail.
- Avoid speaking to insurance adjusters: Do not give a recorded statement to the owner's insurance company before consulting a lawyer.
New Hampshire uses a strict liability rule for dog bites under New Hampshire Revised Statutes Section 466:19.
Core Rules
- No "Free Bite" Rule: Owners are responsible for the damage their dog causes the very first time, even if the dog has never acted aggressive or bitten anyone before.
- No Need to Prove Fault: The victim does not need to prove that the owner acted carelessly or failed to control the animal.
- Broad Liability: The law applies to direct injuries (bites) and indirect harm (like a dog knocking someone down or chasing a cyclist). It covers people, property, and domestic animals.
- Keepers and Possessors: Liability applies to the legal owner, anyone keeping or possessing the dog (such as a dog walker or sitter), and parents or guardians if the owner is a minor.
Key Exceptions
- Trespassing: The owner is not liable if the injured person was committing a trespass or another tort at the time of the incident.
- Provocation: If the victim provoked the dog or knowingly placed themselves in danger, compensation may be reduced or denied.
Time Limit to File
- 3 Years: In New Hampshire, you have three years from the date of the injury to file a personal injury lawsuit. Minors have until three years after their 18th birthday.
- Negligence: Owners can also be held liable if they broke local laws, such as leash ordinances, or failed to properly fence or control their pet.
Common Defenses Used by Dog Owners
Insurance companies and dog owners frequently try to reduce or eliminate payouts using common arguments detailed by Justia Defenses Guide:
- Provocation: Claiming you teased, hit, or cornered the animal.
- Trespassing: Claiming you were unlawfully on private property (though mail carriers, delivery drivers, and invited guests are legally protected).
- Comparative Negligence: Claiming your own careless actions partly caused the incident.
Compensation You Can Recover
A successful personal injury claim or insurance settlement can help cover several types of damages:
- Medical bills: Emergency room visits, surgeries, medications, and physical therapy.
- Lost wages: Compensation for time missed from work and reduced future earning capacity.
- Pain and suffering: Physical agony, emotional trauma, and the psychological impact of the attack.
- Scarring and disfigurement: Permanent marks or nerve damage resulting from deep punctures.
