New Hampshire Dog Bite Law

How dog bite liability works in New Hampshire

RSA 466:19 is one of the oldest dog statutes in the country. Its source note traces it to an 1851 law, and its last change took effect on January 1, 1996¹. It never mentions bites. It lets "any person" damaged by a dog recover from whoever owns, keeps, or possesses it, and it covers damage to property, including sheep, fowl and other domestic animals¹.

The New Hampshire Supreme Court read the statute at face value in Bohan v. Ritzo, 141 N.H. 210 (1996). A small dog ran out of a driveway toward a cyclist. It never touched him, but he fell and was hurt. The court upheld his verdict because nothing in the statute's plain language limits it to a bite or other physical contact².

The same case settled how shared fault works. The comparative fault statute, RSA 507:7-d, applies to a dog claim, but as "comparative causation": a jury may weigh the injured person's conduct only if there is evidence they voluntarily or unreasonably exposed themselves to a foreseeable risk, such as provoking the dog²⁵. Reacting badly to a sudden attack is not enough².

The statute's word "possesses" can reach a dog sitter or borrower who neither owns nor regularly keeps the dog, and a parent answers for a minor owner¹. Punitive damages are barred unless a statute allows them, so recovery is limited to compensation⁶. A bite just over the line in Massachusetts, Maine or Vermont is judged by that state's law, so compare the pages; the New Hampshire rule is set out in the national comparison.

The New Hampshire dog bite statute

Any person who suffers damage from a dog they do not own or keep, or whose property (including sheep, lambs, fowl or other domestic creatures) is damaged, may recover from the person who owns, keeps, or possesses the dog¹. There is no exception for a first bite and no need to prove negligence². Liability does not attach if the injured person was committing a trespass or other tort¹. If the owner or keeper is a minor, the parent or guardian is liable¹.

• Law: N.H. Rev. Stat. Ann. § 466:19 (Liability of Owner or Keeper), enacted 1851; last changed 1995, ch. 298:11 (effective January 1, 1996)
• Injuries covered: Any injury the dog causes (bites, knock-downs, chases)
• Where: Anywhere
• Who is liable: The owner, or a keeper or harborer
• Damages: All damages, under the ordinary rules

Other ways to prove liability

Because RSA 466:19 applies to any damage a dog causes, almost every claim in New Hampshire is brought under it, and the one-bite question of what the owner knew rarely matters¹². A negligence claim remains open against people the statute does not reach, such as a landlord or a business that let the dog onto its premises. Where a town has adopted the local-option leash law in RSA 466:30-a, a dog "at large" is unlawful there, which can support a negligence argument¹⁵. A local ordinance does not change who is liable under RSA 466:19¹.

Defenses owners raise

Trespassing

A person who was "engaged in the commission of a trespass" when damaged cannot recover under RSA 466:19¹. The exception applies to the injured person, not to the owner's land in general: a lawful visitor, guest or delivery worker keeps the statutory claim¹.

Committing a crime

The statute also bars recovery by a person engaged in an "other tort" at the time, which reaches wrongful conduct beyond trespass, such as attacking the owner or the dog¹.

Provocation

The statute has no separate provocation defense. Provoking the dog matters through comparative causation: if the evidence shows the injured person voluntarily or unreasonably exposed themselves to a foreseeable risk, the jury may reduce or bar the award²⁵.

Other defense

The defendant did not own, keep or possess the dog. The statute reaches only those three groups¹. Someone who merely owns the land where the dog lives is not named in it.

Other defense

The injured person owned or kept the dog. The statute protects only a person damaged by "a dog not owned or kept by such person", so a dog's own keeper bitten by it has no claim under RSA 466:19¹.

Shared fault

Modified comparative fault (barred at 51%) (N.H. Rev. Stat. Ann. § 507:7-d).

Your own fault does not bar recovery if it was not greater than the defendants' combined fault; your damages are reduced by your share⁵. In a dog case the jury compares causation rather than negligence, and only if there is evidence you voluntarily or unreasonably exposed yourself to a foreseeable risk, as Bohan v. Ritzo held². The defendant carries the burden of proving your fault⁵.

How the five fault systems compare: provocation, trespass and shared fault.

New Hampshire dog bite statute of limitations

3 years (N.H. Rev. Stat. Ann. § 508:4, I)

A personal action must be brought within three years of the act or omission; if the injury or its cause could not reasonably have been discovered at the time, the three years run from discovery³. A claim against a town, city or other governmental unit has the same three years, but the unit's clerk must first be notified by registered mail within 60 days of the injury, giving the date, time and place⁷.

Children. A child may bring a personal action within two years after the disability of infancy is removed, which in New Hampshire is the 18th birthday, so until age 20⁴. The ordinary three years from the bite still applies if it ends later³⁴.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

The statute allows recovery of "damages" without a cap: medical bills, lost wages, pain and suffering, scarring and emotional distress, plus damage to property and other animals¹. Punitive damages are barred in New Hampshire unless a statute provides them, and RSA 466:19 does not⁶. A claim against a governmental unit is capped at $325,000 per person and $1,000,000 per incident, with no punitive damages⁸. If a dog is found vicious, RSA 466:31-a also makes the owner liable for all of the victim's medical bills, and says it does not limit a civil claim under RSA 466:19¹⁰.

Landlords and property owners

RSA 466:19 names only the person who owns, keeps, or possesses the dog¹. A landlord who does none of these is not liable under the statute and can be sued only for negligence, which means showing the landlord knew of the danger and failed to act reasonably. We found no New Hampshire Supreme Court decision applying RSA 466:19 or negligence to a landlord for a tenant's dog, so that question is open. See landlord liability.

Insurance

We found no New Hampshire statute that limits insurers' use of dog breed in homeowners or renters underwriting. Chapter 466 does not require the owner of a vicious dog to carry liability insurance¹⁷. See dog bite insurance.

More on coverage, breed exclusions and renters policies: dog bite insurance.

No bite needed: Bohan v. Ritzo (1996)

Many states' dog statutes cover only bites. New Hampshire's does not, and its Supreme Court has said so. In Bohan v. Ritzo, 141 N.H. 210 (1996), a cyclist fell from his bike when the defendants' small dog ran out of their driveway toward him. The dog never touched him. The owners argued that RSA 466:19 requires a bite or other direct contact. The court disagreed: nothing in the plain language of the statute limits it that way².

The owners also wanted the jury to weigh the cyclist's own conduct under the comparative fault statute. The court agreed that RSA 507:7-d can apply to a dog claim, but as comparative causation, and only where the evidence shows the injured person voluntarily or unreasonably exposed themselves to a foreseeable risk²⁵. The owners' only point was that the cyclist reacted badly to a surprise. That was not enough, and the verdict stood².

The practical upshot: a knock-down, a fall while fleeing, or a crash caused by a chasing dog is covered in New Hampshire, the same as a bite¹².

Bite reports and quarantine

The statutes we read set no general duty for a doctor, owner or victim to report a dog bite to the state. Bites are handled by the town's animal control officer, police or town clerk. If a bite that broke the skin is reported to the animal officer or town clerk, that office must tell the victim (or a child's parent) within 24 hours whether town records show the dog is vaccinated against rabies⁹. The state Bureau of Infectious Disease Control takes consultations and reports of rabies exposures at (603) 271-4496¹⁶.

A healthy, vaccinated dog that breaks the skin must be confined by the owner as local authorities require for 10 days, then examined by a veterinarian¹¹. An unvaccinated dog, or one with unknown status, is seized and impounded under local supervision for at least 10 days¹¹. A dog showing signs of rabies is euthanized and its head sent to the state laboratory¹¹. The owner pays for impoundment, the examination and any euthanasia¹¹. A vaccinated police dog may stay on duty while its handler observes it¹².

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on New Hampshire dangerous dog law.

Questions about New Hampshire dog bite law

Is New Hampshire a one-bite state?

No. RSA 466:19 makes the person who owns, keeps or possesses a dog liable for the damage it causes, whether or not it had bitten before¹. The New Hampshire Supreme Court applies it as written, without any need to show the owner knew the dog was dangerous².

My dog was bitten by another dog in New Hampshire. Can I recover?

Yes. The statute covers damage to a person's property, and it names sheep, lambs, fowl and other domestic creatures, so a pet's vet bills fall under it¹. The same three-year deadline applies³. See dog attacked my dog.

I was watching a friend's dog when it bit someone. Am I liable?

You may be. RSA 466:19 reaches anyone who "owns, keeps, or possesses" the dog, which is wider than the owner alone¹. If the dog bites you while you are keeping it, the statute does not help you, because it protects only people damaged by a dog they do not own or keep¹.

Can I sue if the dog only knocked me down?

Yes. In Bohan v. Ritzo (1996) the Supreme Court upheld a verdict for a cyclist who fell when a dog ran at him without touching him². The statute covers any damage the dog causes¹.

Will the owner be told to put the dog down after a bite?

Not automatically. A bite makes the dog "vicious" under RSA 466:31, which carries a $400 forfeiture the first time⁹¹⁰. The dog is taken into custody, and a court decides its fate, only if the owner fails to abate the problem or obey an order, or if court proceedings start because the dog threatens public safety⁹¹⁰.

How long does a child have to file a dog bite claim in New Hampshire?

A child can sue up to two years after turning 18, so until age 20⁴. If the bite happened shortly before the 18th birthday, the ordinary three years from the bite may end later, and that later date applies³⁴. See child dog bites.

Official contacts

Sources

1. RSA 466:19, Liability of Owner or Keeper, New Hampshire General Court. Checked 17 October 2026.
2. Bohan v. Ritzo, 141 N.H. 210, 679 A.2d 597 (1996), Animal Legal & Historical Center, Michigan State University College of Law. Checked 17 October 2026.
3. RSA 508:4, Personal Actions, New Hampshire General Court. Checked 17 October 2026.
4. RSA 508:8, Disabilities, New Hampshire General Court. Checked 17 October 2026.
5. RSA 507:7-d, Comparative Fault, New Hampshire General Court. Checked 17 October 2026.
6. RSA 507:16, Punitive Damages Outlawed, New Hampshire General Court. Checked 17 October 2026.
7. RSA 507-B:7, Limitation on Actions (governmental units), New Hampshire General Court. Checked 17 October 2026.
8. RSA 507-B:4, Limit of Liability (governmental units), New Hampshire General Court. Checked 17 October 2026.
9. RSA 466:31, Dogs a Menace, a Nuisance or Vicious, New Hampshire General Court. Checked 17 October 2026.
10. RSA 466:31-a, Penalties, New Hampshire General Court. Checked 17 October 2026.
11. RSA 436:105, Impoundment of Dog Rabies Suspects, New Hampshire General Court. Checked 17 October 2026.
12. RSA 436:105-c, Police Dogs, New Hampshire General Court. Checked 17 October 2026.
13. RSA 466:28, Killing Dogs Legalized, New Hampshire General Court. Checked 17 October 2026.
14. RSA 466:39, City or Town Bylaws, New Hampshire General Court. Checked 17 October 2026.
15. RSA 466:30-a, Dog Control Law, New Hampshire General Court. Checked 17 October 2026.
16. Rabies, New Hampshire Department of Health and Human Services. Checked 17 October 2026.
17. RSA Chapter 466, Dogs and Cats (full text), New Hampshire General Court. Checked 17 October 2026.
18. RSA 436:99, 436:100 and 436:102 (rabies control definitions, vaccination, veterinarian duties), New Hampshire General Court. Checked 17 October 2026.