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
1 Answer from Attorneys
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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