New Hampshire Dog Bite Laws Explained (Strict Liability)
Strict Liability
New Hampshire's RSA 466:19 imposes strict liability for dog bites — no prior bite history is required. The 51% modified comparative fault bar and a three-year filing window apply. The only complete defenses are provocation and trespass.
How New Hampshire Dog Bite Law Works
If a dog has bitten or injured you in New Hampshire, the law is squarely on your side from the moment the bite occurs. RSA 466:19 imposes strict liability: the dog owner is responsible for damages done by the dog regardless of whether the owner knew or suspected the dog was dangerous before the attack. You do not need a prior bite, a prior complaint, or any evidence the owner saw this coming.
The statute's defenses are enumerated and narrow. Recovery is barred only if you were trespassing on the owner's property or if you were teasing, tormenting, or abusing the dog. Being on public property — a sidewalk, a park, a walking trail — is inherently lawful presence. Being on private property with the owner's permission is lawful presence. A social visitor, a postal worker, a delivery driver at the door — all are protected.
New Hampshire uses modified comparative fault with a 51% bar under RSA 507:7-d. A plaintiff found 50% at fault or less still recovers, reduced by that percentage. The bar falls at more than 50%, so a plaintiff found exactly 50% at fault still recovers half their damages. Non-economic damages including pain and suffering, emotional distress, and permanent scarring are recoverable without a statutory cap against private defendants.
The statute of limitations is three years under RSA 508:4. For a minor, RSA 508:8 tolls the period during minority. Claims against government entities require notice of claim under RSA 507-B:7, typically within 60 days for municipal defendants — a far shorter window than the general three-year period.
Manchester, Nashua, Concord, and Derry are the major population centers in New Hampshire. The Manchester Animal Control division (603-668-8737) and Nashua Animal Control (603-589-3148) handle bite reports and mandatory quarantine for those cities. Request all prior animal control records for the dog's address in writing immediately — prior complaints are relevant to severity and insurance negotiation even if you do not need prior knowledge for liability.
| Liability rule | RSA 466:19 strict liability. No prior knowledge required. Defenses: trespass and provocation (teasing, tormenting, or abusing the dog). Modified comparative fault with a 51% bar. |
|---|---|
| Governing statute | RSA 466:19 — Owner Liability for Dog BitesRSA 466:19 |
| Deadline to file | 3 years from the date of the injuryRSA 508:4 |
| If the victim is a child | RSA 508:8 tolls the limitations period during minority. A minor bitten before age 18 generally has until three years after their 18th birthday (approximately age 21) to file. |
| Shared fault | Modified comparative fault — 51% barRSA 507:7-d |
| Cap on pain & suffering | No statutory cap on non-economic damages against private defendants in New Hampshire. |
| Does breed matter? | No statewide breed-specific legislation. Individual municipalities may enact breed restrictions. |
| Dangerous dog law | RSA 466:31 et seq. (dangerous dog proceedings at the municipal level). |
Statute text verified against the official source linked above. General information, not legal advice.
Is New Hampshire a Strict Liability State for Dog Bites?
Yes. RSA 466:19 imposes strict liability on any owner whose dog injures a person — no proof of prior dangerous propensity is required. The only complete defenses are provocation by the victim or the victim's unlawful presence on the owner's property.
New Hampshire's dog bite statute, RSA 466:19, provides that 'any owner of a dog shall be liable in damages for any injury done by such dog unless the plaintiff was trespassing or teasing, tormenting, or abusing such dog.' The statute creates strict liability — an injured person does not need to prove the owner knew or suspected the dog was dangerous before the bite.
The statute applies to 'any injury done by such dog,' which courts have read broadly to include bites, knocks, and other forms of direct physical contact by the dog. The defenses are enumerated in the statute itself: the victim was trespassing on the owner's property, or the victim was teasing, tormenting, or abusing the dog. Both are affirmative defenses the owner must raise and prove.
Unlike some strict liability states that condition liability on the victim's lawful presence anywhere, New Hampshire's trespass defense is property-specific — it protects owners whose dogs are on their own property when the victim enters without permission. A dog that bites someone on public property or a neighbor's property is not protected by this defense.
What Is New Hampshire's Statute of Limitations for Dog Bites?
Three years from the date of injury under RSA 508:4. For a minor, RSA 508:8 tolls the period during minority. Claims against government entities require prior written notice of claim — typically within 60 days for municipalities under RSA 507-B:7.
New Hampshire's general personal injury statute of limitations is three years under RSA 508:4 — measured from the date of the dog bite, not the date symptoms appeared or treatment concluded. Missing this deadline forfeits the claim regardless of how clear the liability.
For a minor bitten before age 18, RSA 508:8 provides that the three-year period does not begin running until the minor turns 18 — giving a child until their 21st birthday to file. The statute's minor tolling provision is straightforward and does not impose a cap on the extension.
Claims against New Hampshire government entities — a municipal police K-9, a county animal control dog — require compliance with the governmental notice-of-claim procedures. RSA 507-B:7 requires written notice to municipalities within 60 days of the injury. Missing the notice deadline can forfeit the claim against a government defendant even within the three-year general period.
How Does New Hampshire's Comparative Fault Rule Affect Dog Bite Cases?
New Hampshire uses modified comparative fault with a 51% bar under RSA 507:7-d. A plaintiff found up to 50% at fault still recovers, reduced proportionally. At exactly 50% fault, the plaintiff recovers half their damages — the bar falls at more than 50%.
New Hampshire's comparative fault statute, RSA 507:7-d, provides that a claimant's recovery is reduced by their percentage of fault, and barred entirely if their fault 'was equal to or greater than the fault of the defendant.' The key threshold is whether the plaintiff's fault exceeds 50% — at exactly 50%, recovery is not barred.
In a dog bite context, provocation is the most common comparative fault argument. RSA 466:19 enumerates 'teasing, tormenting, or abusing' as complete defenses. Conduct that does not rise to that level — not fleeing quickly, making sudden movements — may still be assessed as comparative fault, reducing the award proportionally.
New Hampshire's modified comparative fault system is more favorable to plaintiffs than contributory negligence states, where any plaintiff fault bars recovery. A New Hampshire plaintiff found 40% at fault recovers 60% of their damages; one found 51% recovers nothing.
What Can I Recover in a New Hampshire Dog Bite Case?
Economic damages (medical costs, lost wages) and non-economic damages (pain and suffering, scarring) are both recoverable without a statutory cap against private defendants. New Hampshire does not cap non-economic damages in personal injury cases against private parties.
Economic damages in a New Hampshire dog bite case include all documented financial losses: emergency room care, follow-up treatment, surgery, physical therapy, rehabilitation, lost wages during recovery, and projected future medical costs for permanent injuries. These are recoverable in full, subject to proof.
Non-economic damages — pain and suffering, emotional distress, permanent disfigurement and scarring, and loss of enjoyment of life — are fully recoverable in New Hampshire without a statutory cap against private defendants. New Hampshire's legislature has not enacted a cap on non-economic damages in personal injury cases, unlike states such as Alaska.
Permanent facial or hand scarring, post-traumatic stress disorder, and functional impairment from nerve damage all support substantial non-economic damage claims. New Hampshire courts assess these damages based on the nature, extent, and permanence of the injury.
Red means the owner's insurer can use it against you. Green means New Hampshire has closed that argument off.
| Defense | Status | How it works in New Hampshire |
|---|---|---|
| Trespass | Available | A plaintiff bitten while trespassing on the owner's property has no claim under RSA 466:19. This is one of only two enumerated complete defenses in the statute. |
| Provocation (teasing, tormenting, abusing) | Available | The statute specifically enumerates teasing, tormenting, or abusing the dog as a complete defense. Deliberate conduct toward the dog triggers this defense. |
| Comparative fault below provocation threshold | Limited | Conduct that does not rise to teasing, tormenting, or abusing may still be assessed as comparative fault under RSA 507:7-d, reducing the award proportionally. |
| No prior knowledge required | Not a defense | RSA 466:19 creates strict liability — the owner cannot defend by showing they had no knowledge of the dog's dangerous propensity. |
Modified comparative fault — 51% bar. A plaintiff whose fault was not greater than 50% still recovers, reduced proportionally. At exactly 50% plaintiff fault, recovery is not barred — the bar falls at more than 50%.
Example: on a claim otherwise worth $100,000, being found 30% responsible would typically leave about $70,000 — but at 51% or more, New Hampshire law bars recovery entirely.
Statute of Limitations in New Hampshire
Three years from the date of injury under RSA 508:4. For a minor, RSA 508:8 tolls the limitations period during minority — a child bitten before age 18 generally has until three years after their 18th birthday (approximately age 21) to file. Despite the three-year general window, claims against New Hampshire government entities — a municipal police K-9, a city animal control dog — require written notice of claim under RSA 507-B:7, typically within 60 days of the injury for municipal defendants. Missing the government notice deadline can forfeit the claim against a government defendant even within the general three-year period. The practical recommendation is to contact an attorney promptly regardless of the general deadline, especially in cases involving government-owned dogs.
Dog bite law varies more between states than most people expect — the same attack can be a straightforward claim in one state and a difficult one across a state line.
| State | Rule | Statute | Deadline | Shared fault | What stands out |
|---|---|---|---|---|---|
| Alabama dog bite laws | Mixed statute | Ala. Code § 3-6-1 | 2 years | Contributory (any fault bars) | The statute reaches bites on the owner’s property only, and § 3-6-3 cuts the claim to actual expenses where the owner knew nothing about the dog. |
| Alaska dog bite laws | One-bite / negligence | No statute (AS 09.17.010 caps damages) | 2 years | Pure comparative | Non-economic damages capped at $400,000 — or $1,000,000 where the injury is severe permanent disfigurement. |
| Arizona dog bite laws | Strict liability | A.R.S. § 11-1025 | 1 year (statutory) / 2 years (negligence) | Pure comparative | Shortest deadline in the country for the statutory claim; breed cannot be considered by any legal decision-maker. |
| Arkansas dog bite laws | One-bite rule | No civil statute (Ark. Code § 5-62-125 criminal) | 3 years | Modified (50% bar) | Recovery is barred at exactly 50 percent fault, not 51 — and a minor’s window runs three years past majority. |
| California dog bite laws | Strict liability | Civ. Code § 3342 | 2 years | Pure comparative | Minor's claim tolled until age 18; cities cannot ban dogs by breed. |
| Colorado dog bite laws | Mixed statute | C.R.S. § 13-21-124 | 2 years | Modified (50% bar) | Strict liability reaches economic damages only, and only on serious bodily injury. A posted "Beware of Dog" sign is a complete defense. |
| Connecticut dog bite laws | Strict liability | Conn. Gen. Stat. § 22-357 | 3 years (statutory) / 2 years (negligence) | Modified (51% bar) | Covers any damage a dog does, not just bites. A child under seven is presumed not to have trespassed or teased — the burden shifts to the defendant. |
| Delaware dog bite laws | Strict liability | 16 Del. C. § 3053F | 2 years | Modified (51% bar) | Animal control is run statewide by Delaware Animal Services rather than by each city — the only state on this site with a single centralised agency. |
| District of Columbia dog bite laws | Mixed statute | D.C. Code §§ 8-1808, 8-1812 | 3 years | Pure contributory — 1% bars all recovery | Letting a dog run at large is evidence of negligence, and lack of knowledge is no excuse — but any contributory fault at all still defeats the claim. |
| Florida dog bite laws | Strict liability | Fla. Stat. § 767.04 | 2 years | Modified (51% bar) | A posted "Bad Dog" sign is a complete defense — except against a child under 6. |
| Georgia dog bite laws | Mixed statute | O.C.G.A. § 51-2-7 | 2 years | Modified (50% bar) | A violated local leash ordinance is by itself sufficient proof of vicious propensity. Fault bar sits at 50%, not 51%. |
| Hawaii dog bite laws | Mixed statute | Haw. Rev. Stat. § 663-9 | 2 years | Modified (51% bar) | The statute removes the scienter requirement but not the need to prove unreasonable conduct — except for animals dangerous by species or nature, where liability is absolute. |
| Idaho dog bite laws | One-bite rule | No civil statute; Idaho Code § 25-2805 (at large) | 2 years | Modified (50% bar) | No strict liability statute. Recovery runs on scienter or negligence, and the fault bar sits at 50%, not 51%. |
| Illinois dog bite laws | Strict liability | 510 ILCS 5/16 | 2 years (1 year vs. a local public entity) | Modified (51% bar) | Covers attacks and attempted attacks with no bite, and "owner" includes anyone who keeps, harbors or has custody of the dog. |
| Indiana dog bite laws | Mixed statute | Ind. Code § 15-20-1-3 | 2 years | Modified (51% bar) | Strict liability applies ONLY to people performing a duty imposed by law — mail carriers, meter readers, police. Everyone else gets the one-bite rule. |
| Iowa dog bite laws | Strict liability | Iowa Code § 351.28 | 2 years | Contributory negligence is not a defense | Unusually claimant-friendly: the only statutory defenses are that the victim was committing an unlawful act, or that the dog had rabies. |
| Kansas dog bite laws | One-bite rule | No civil statute — common-law scienter | 2 years | Modified (50% bar) | No dog bite statute, and the fault bar sits at 50%. Local leash ordinances do most of the practical work in establishing negligence. |
| Kentucky dog bite laws | Strict liability | KRS 258.235(4) | 1 year | Pure comparative | The statutory definition of "owner" is broad enough to make a landlord strictly liable — Maupin v. Tankersley (Ky. 2018). Only one year to file. |
| Louisiana dog bite laws | Strict liability | La. Civ. Code art. 2321 | 2 years (1 year before 1 July 2024) | Pure comparative | A civil-law jurisdiction. Prescription doubled from one year to two on 1 July 2024, and the change applies only to injuries arising after that date. |
| Maine dog bite laws | Mixed statute | 7 M.R.S. § 3961 | 6 years | Modified (50% bar) | The longest filing deadline in the country at six years — but strict liability applies only where the dog injured you OFF the owner's premises. |
| Maryland dog bite laws | Strict liability (at large) + presumption | Cts. & Jud. Proc. § 3-1901 | 3 years | Pure contributory (any fault bars) | Breed-neutral since a 2014 legislative reversal of Tracey v. Solesky — but pure contributory negligence stacked on genuine strict liability means any claimant fault, even 1%, can still zero out the claim. |
| Massachusetts dog bite laws | Strict liability (owners and keepers) | MGL c. 140, § 155 | 3 years | Modified (51% bar) | Keeper liability runs against anyone temporarily caring for the dog — boarding kennels, dog walkers, pet sitters — on the same strict liability terms as the owner. Double damages are mandatory (not discretionary) where the owner had prior knowledge. |
| Michigan dog bite laws | Strict liability | MCL 287.351 | 3 years | Modified — bars non-economic damages only | Over 50% fault removes pain and suffering but not medical bills. Provocation is judged objectively, so an accidental act can count. |
| Minnesota dog bite laws | Strict liability | Minn. Stat. § 347.22 | 6 years | Modified (51% bar) | Six-year filing deadline — the longest of any strict liability state on this site. The statute covers any "attack or injury," not only bites, giving full protection to victims knocked down or injured by large dogs without being bitten. |
| Mississippi dog bite laws | One-bite rule | Miss. Code § 15-1-49 (no civil bite statute) | 3 years | Pure comparative | Mississippi is one of very few states with no civil dog bite statute — claims run on common law, requiring proof the owner knew the dog was dangerous before the attack. Mississippi's pure comparative fault rule means even a plaintiff with significant fault recovers a proportional share of damages. |
| Missouri dog bite laws | Strict liability | RSMo § 273.036 | 5 years | Pure comparative | Longest filing window on this list; minor's claim tolled to 21. |
| Montana dog bite laws | Strict liability | Mont. Code § 27-1-715 | 3 years | Modified (51% bar) | Rural insurance market means coverage confirmation is a critical early investigation step — uninsured homeowners rates are higher in Montana than in most urban strict liability states on this site. |
| Nebraska dog bite laws | Strict liability | Neb. Rev. Stat. § 54-601 | 4 years | Modified (50% bar) | Four-year filing deadline — one of the longest of any strict liability state. § 54-601 covers "killing, wounding, injuring, worrying, or chasing" — broader than bite-only statutes. |
| Nevada dog bite laws | Negligence (no statute) | No dog bite statute — Glass v. Eighth Judicial Dist. Ct., 87 Nev. 321 (1971) | 2 years | Modified (51% bar) | The only state here with no dog bite statute at all. Nevada rejected the one-bite rule in 1971 — claims run on ordinary negligence. |
| New Hampshire (this page) | Strict liability | RSA 466:19 | 3 years | Modified (51% bar) | Defenses are statutory and narrow — only trespass and deliberate provocation (teasing, tormenting, abusing the dog) are complete defenses. Government entity claims require written notice within 60 days for municipal defendants under RSA 507-B:7. |
| New Jersey dog bite laws | Strict liability | N.J. Stat. § 4:19-16 | 2 years | Modified (51% bar) | One of the oldest strict liability statutes in the country (enacted 1933). Harboring liability extends to landlords and employers who knowingly permit a dangerous dog — both faces of the same claim, not alternatives. |
| New Mexico dog bite laws | One-bite rule | NMSA § 37-1-8 (no civil bite statute) | 3 years | Pure comparative | Government entity notice deadline is only 90 days under the New Mexico Tort Claims Act (NMSA § 41-4-16) — the shortest of any state on this site. Claims run on common law with no civil dog bite statute. |
| New York dog bite laws | Mixed statute | N.Y. Agric. & Mkts. Law § 123 | 3 years | Pure comparative | Strict liability covers medical and veterinary costs only. Flanders v. Goodfellow (Apr 2025) restored ordinary negligence claims after 19 years. |
| North Carolina dog bite laws | Mixed statute | N.C.G.S. §§ 67-4.4, 67-12 | 3 years | Pure contributory — 1% bars all recovery | The harshest fault rule in the country. Any contributory negligence at all, however slight, defeats the entire claim. |
| North Dakota dog bite laws | One-bite rule | NDCC 28-01-16(5) (no civil bite statute) | 6 years | Modified (50% bar) | Six-year filing deadline — the longest personal injury window of any state on this site. Modified 50% bar means a plaintiff at exactly 50% fault recovers nothing — stricter than the 51% bar in neighboring Wyoming and New Hampshire. |
| Ohio dog bite laws | Strict liability | Ohio Rev. Code § 955.28(B) | 2 years | Modified (51% bar) | Liability reaches the owner, keeper AND harborer. Avery's Law (Mar 2026) added a $100,000 insurance mandate for dangerous dogs. |
| Oklahoma dog bite laws | Strict liability | 4 O.S. § 42.1 | 2 years | Modified (50% bar) | Oklahoma's comparative fault bar falls at 50% — a plaintiff found exactly 50% at fault recovers nothing. This is one percentage point more restrictive than Oregon and New Jersey, where 50% plaintiff fault still allows a half-damages recovery. |
| Oregon dog bite laws | Strict liability | ORS 31.360 | 2 years | Modified (51% bar) | Oregon bans breed-specific ordinances statewide under ORS 609.205 — no city or county may restrict or regulate dogs by breed. The liability analysis under ORS 31.360 is fully breed-neutral. |
| Pennsylvania dog bite laws | Mixed statute | 3 P.S. § 459-502 (Dog Law) | 2 years | Modified (51% bar) | Strict liability covers medical costs only. Pain and suffering requires proving a "severe injury" or the dog's dangerous propensities. |
| Rhode Island dog bite laws | Strict liability | RIGL § 4-13-16 | 3 years | Pure comparative | Pure comparative fault — recovery is never barred by victim fault, regardless of the percentage. A plaintiff found 90% at fault still recovers 10% of their damages. The most plaintiff-favorable comparative fault system in New England. |
| South Carolina dog bite laws | Strict liability | S.C. Code § 47-3-110 | 3 years | Modified (51% bar) | Keeper liability is express in the statute — liability extends to any person having the dog "in their care or keeping," making dog walkers and boarding facilities directly liable on the same strict liability terms as the registered owner. |
| South Dakota dog bite laws | Strict liability | SDCL § 40-34-1 | 3 years | Slight/gross doctrine | Extends strict liability to "keepers and harborers" — not just the registered owner. Uses unique "slight/gross" comparative negligence rather than standard percentage-based fault. Government entity claims require 180-day written notice under SDCL § 3-21-2. |
| Tennessee dog bite laws | Mixed statute | Tenn. Code Ann. § 44-8-413 | 1 year | Modified (50% bar) | The only state with a "residential exclusion" — strict liability drops away if the bite happened on the owner's own residential or farm property. |
| Texas dog bite laws | One-bite rule | No statute — Marshall v. Ranne, 511 S.W.2d 255 (Tex. 1974) | 2 years | Modified (51% bar) | No dog bite statute. Recovery requires proving the owner knew of the dog's dangerous propensities, or ordinary negligent handling. |
| Utah dog bite laws | Strict liability | Utah Code § 18-1-1 | 4 years | Modified (50% bar) | Four-year filing deadline — one of the longest of any strict liability state in the country. Utah's statute also has no express lawful-presence language, making the reach of strict liability potentially broader than states with that textual limitation. |
| Vermont dog bite laws | Strict liability | 20 V.S.A. § 3461 | 3 years | Modified (51% bar) | Statute requires victim to have been "peaceably conducting himself or herself" in a lawful location — courts interpret this narrowly to exclude only deliberate provocateurs, not ordinary people in normal activity. Vermont's rural character means farm policies rather than homeowners insurance are common in agricultural-area cases. |
| Virginia dog bite laws | One-bite rule | No civil statute — common-law one-bite rule | 2 years | Pure contributory (any fault bars) | Two compounding disadvantages for victims: no strict liability statute (must prove owner's prior knowledge) plus pure contributory negligence (any fault bars entirely). Strict liability only available after a prior "dangerous dog" designation under § 3.2-6553. |
| Washington dog bite laws | Strict liability | RCW 16.08.040 | 3 years | Pure comparative | Broad strict liability, but provocation is a COMPLETE defense — and a fenced or posted property removes the implied consent that makes you lawfully present. |
| West Virginia dog bite laws | Strict liability | W. Va. Code § 19-20-13 | 2 years | Modified (51% bar) | Harboring theory expressly extends strict liability to landlords who knowingly allowed a dangerous dog on their rental property — a second defendant category not available in most strict liability states. |
| Wisconsin dog bite laws | Strict liability | Wis. Stat. § 174.02 | 3 years | Modified (51% bar) | Double damages are mandatory by statute — not discretionary — whenever the owner was notified or knew the dog had previously injured someone. The entire damages award doubles automatically once prior knowledge is established. |
| Wyoming dog bite laws | One-bite rule | Wyo. Stat. § 1-3-105 (no civil bite statute) | 4 years | Modified (51% bar) | Four-year filing deadline — the longest of any one-bite rule state on this site. Modified 51% bar means a plaintiff at exactly 50% fault still recovers half their damages, unlike neighboring one-bite states. |
New Hampshire dog bite questions, answered
The questions New Hampshire readers ask most often. General information, not legal advice.
Does New Hampshire require proof that the dog bit someone before?
No. RSA 466:19 imposes strict liability — no prior bite history or prior knowledge is required. The owner is responsible from the first bite.
What are the defenses to a New Hampshire dog bite claim?
RSA 466:19 enumerates two complete defenses: the victim was trespassing on the owner's property, or the victim was teasing, tormenting, or abusing the dog. Other pre-attack conduct may be assessed as comparative fault reducing the award but not barring it.
What is the filing deadline for a New Hampshire dog bite case?
Three years from the date of injury under RSA 508:4. For minors, RSA 508:8 tolls during minority. Government entity claims require written notice within 60 days for municipal defendants under RSA 507-B:7.
How does comparative fault work in New Hampshire dog bite cases?
Modified comparative fault with a 51% bar under RSA 507:7-d. A plaintiff found 50% or less at fault recovers, reduced proportionally. At exactly 50% fault, the plaintiff still recovers half their damages.
Key Takeaways for New Hampshire Dog Bite Victims
New Hampshire follows the Strict Liability standard — that determines whether you need to prove the owner's prior knowledge or can hold them liable automatically. Understanding which standard applies is the first step in knowing whether you have a viable claim.
Your filing deadline is fixed by state law. Missing it permanently closes your case, no matter how strong the evidence is. Start the clock from the date of the bite.
Document everything from day one — photos of the injury, medical records, the dog owner's name, and any witness contact details. That documentation is the single most controllable factor in how much you ultimately recover.
Ready to understand what your case may be worth? See New Hampshire settlement amounts or connect with a New Hampshire dog bite lawyer for a free case review.
Sources & References
- 📄RSA 466:19 (dog bite strict liability) — New Hampshire primary statute (Justia)
- 📊CDC Dog Bite Prevention — national injury statistics and prevention guidance
- ⚖️American Bar Association — Tort, Trial & Insurance Practice