Legal Question in Civil Litigation in New Hampshire

Dangerous dog liability

Huge doberman/rotweiller came onto our property on

8/12/2001 @ 1:30PM, attacked and killed our cat. Dog

was not on a leash - all dogs in town are required to

be on a leash. Owners were with dog but were not able

to control the dog who has had considerable training

as a guard dog. Owners never came to us about the

event until we found a witness,filed a police report,

had the witness file a police report,and had the

police talk to the owners. Then they came to see us

and were very contrite. What are my options? I am

fearful and now carry a baseball bat with me when I am

out


Asked on 8/22/01, 9:58 am

1 Answer from Attorneys
Martin Jenkins Martin Jenkins PLLC

Re: Dangerous dog liability

In the case of BOHAN v. RITZO, decided July 19, 1996, the New Hampshire Supreme Court talked about our state law regarding damages caused by dogs:

RSA 466:19 provides: "Any person to whom . . . damage may be occasioned by a dog not owned or kept by him shall be entitled to recover such damage of the person who owns or keeps the dog . . . ." We have held that the statute makes a dog owner strictly liable for harm caused by a dog's "vicious or mischievous acts." Allgeyer v. Lincoln, 125 N.H. 503, 506, 484 A.2d 1079, 1081 (1984).

This would certainly seem to apply to you. For your damages, I think you could include not just the bare economic value of your cat, but also the emotional loss you experienced from the vicious killing of your pet and perhaps the sense of personal fear you still experience.

I think you should press a claim against the dog�s owner�s homeowners insurance. (And, based on my experience dealing with insurers, I think you would be best advised to do so with professional help rather than merely on your own.)

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Answered on 8/28/01, 12:37 pm


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