Dog Bite Personal Injury Cases in New Hampshire and Massachusetts~4 min read

Dog attacks can cause serious physical injuries, emotional trauma, and significant financial hardship. Victims often face medical bills, lost wages, and long-term scarring or disfigurement. In both New Hampshire and Massachusetts, state laws allow victims to pursue compensation when a dog causes injury. Understanding how these laws work is essential for anyone who has been injured in a dog attack or who may be considering a personal injury claim.

The Prevalence and Impact of Dog Bites

Dog bites are more common than many people realize. Across the United States, millions of dog bites occur every year, and a large percentage of victims require medical treatment. Children are particularly vulnerable to severe injuries because of their size and inability to defend themselves effectively. Injuries from dog attacks can include puncture wounds, infections, nerve damage, permanent scarring, and psychological trauma such as anxiety or post-traumatic stress.

Because of these risks, both New Hampshire and Massachusetts have enacted laws that hold dog owners responsible for injuries caused by their animals.

Strict Liability in Dog Bite Cases

Both states follow a legal principle known as strict liability in most dog bite cases. Under strict liability, the victim generally does not need to prove that the dog owner was negligent or that the dog had a history of aggressive behavior. Instead, the focus is simply on whether the dog caused the injury and whether the owner or keeper of the dog can be identified.

This approach differs from the traditional “one-bite rule” used in some states, where an owner may only be liable if they knew or should have known the dog was dangerous. In strict liability states like New Hampshire and Massachusetts, a dog owner can be held responsible even if the dog had never bitten anyone before.

Dog Bite Laws in New Hampshire

New Hampshire’s dog bite statute, RSA 466:19, provides that the owner or keeper of a dog is liable for injuries or damage caused by that dog. This liability extends beyond actual bites and may include injuries caused by a dog’s “vicious or mischievous acts.”

For example, if a dog runs toward a bicyclist and causes them to crash, the owner may still be held responsible even though the dog never physically bit the victim. The law recognizes that injuries caused indirectly by a dog can still be serious and deserving of compensation.

However, there are certain exceptions. A dog owner may avoid liability if the injured person was trespassing or committing another wrongful act at the time of the incident. Additionally, if the victim was responsible for provoking the dog or otherwise contributed to the incident, the amount of compensation may be reduced under comparative fault principles.

Dog Bite Laws in Massachusetts

Massachusetts law similarly imposes strict liability on dog owners under Massachusetts General Laws Chapter 140, Section 155. The statute states that a dog’s owner or keeper is responsible for damages caused by the animal if the injured person was lawfully present and did not tease, torment, or abuse the dog.

One important distinction in Massachusetts law involves cases involving young children. If a dog bite victim is under the age of seven, the law presumes that the child did not provoke the dog. This presumption makes it more difficult for a dog owner to avoid liability in cases involving young victims.

Who Can Be Held Liable

Although dog owners are typically the primary defendants in dog bite cases, other parties may also be held responsible depending on the circumstances. For example, someone who was temporarily caring for or controlling the dog, often referred to as a “keeper”, may share liability for the attack.

In some situations, property owners or landlords may also face liability if they knowingly allowed a dangerous dog to remain on their property and failed to take reasonable steps to prevent harm.

Compensation for Dog Bite Victims

Victims of dog attacks in both New Hampshire and Massachusetts may pursue compensation through a personal injury claim. Damages in these cases often include:

• Medical expenses for emergency treatment, surgery, and rehabilitation
• Lost wages and reduced earning capacity
• Pain and suffering
• Emotional distress or psychological trauma
• Permanent scarring or disfigurement

In many cases, compensation is paid through the dog owner’s homeowner’s or renter’s insurance policy, which often covers liability for dog bite injuries.

Time Limits for Filing a Claim

Like most personal injury cases, dog bite claims are subject to statutes of limitations. In New Hampshire, victims generally have three years from the date of the injury to file a lawsuit. Missing this deadline can prevent a victim from recovering compensation, making it important to consult a personal injury attorney as soon as possible after an incident.

Conclusion

Dog bite cases can be complex, but both New Hampshire and Massachusetts laws are designed to protect victims and hold dog owners accountable. Because these states follow strict liability rules, injured individuals often have a clear path to recovering damages without needing to prove that the owner knew the dog was dangerous.

If you or a loved one has been injured in a dog attack, understanding your legal rights is the first step toward obtaining the compensation you deserve. Consulting an experienced personal injury attorney can help you navigate the legal process and ensure that responsible parties are held accountable.