Dog Bite Small Claims Court in New Hampshire

New Hampshire's Strict Liability Dog Bite Law

Under RSA 466:19, the owner, keeper, or person who possesses a dog is liable for damages caused by the dog — regardless of whether the dog had ever bitten anyone before. This is a strict-liability statute: you do not need to prove the defendant was negligent or knew the dog was dangerous. You need to prove the dog caused your injury and the person you are suing owned, kept, or possessed the dog.

The statute excludes recovery when the injured person was engaged in a trespass or another tort at the time of the damage. For a person who was not engaged in a trespass or other tort, the statute makes the owner, keeper, or person possessing the dog liable for the damage it caused.

What Damages You Can Recover

Small claims court in New Hampshire handles claims up to $10,000. For a dog bite, recoverable damages typically include:

• Medical bills: emergency room visits, urgent care, stitches, prescriptions, follow-up treatment, and any necessary tetanus or rabies post-exposure prophylaxis
• Lost wages: time missed from work while recovering
• Damaged property: clothing, shoes, or personal items torn or bloodied during the attack
• Out-of-pocket costs: mileage to medical appointments, over-the-counter supplies for wound care

Pain and suffering are not excluded from money damages, but the amount depends on the evidence and the court's assessment. If your total damages exceed the $10,000 limit and you do not want to waive the excess, consult an attorney about filing a formal civil action in District Division or an action in Superior Court.

Building Your Evidence

Start collecting evidence immediately after the bite:

1. Medical records: get copies of every visit, diagnosis, and treatment plan related to the bite. Hospital and urgent care records usually document the cause of the injury.
2. Photographs: take photos of the wound at every stage — immediately after the bite, during treatment, and as it heals. Visible scarring matters.
3. Incident documentation: if animal control or police responded, request a copy of the report. New Hampshire towns often require dog bite reports under local health ordinances.
4. Witness statements: if anyone saw the bite, get their written account with contact information.
5. Dog ownership proof: you need to establish who owns or keeps the dog. Town dog license records (available through the town clerk) or animal control reports usually confirm this.

Filing the Claim

Send a demand letter to the dog's owner by certified mail, citing RSA 466:19, itemizing your damages, and giving 10 to 14 days to pay. Then file through TurboCourt. The fee is $125 for claims up to $5,000 or $180 for claims from $5,001 to $10,000.

Name the dog's owner (or keeper, if different from the owner) as the defendant. The statute of limitations for personal injury under RSA 508:4 is three years from the date of the bite.

At the Hearing

Present your evidence in chronological order: what happened, the medical treatment you received, and what it cost. Bring originals or clear copies of every medical bill, the demand letter with certified mail receipt, the animal control report, and your photographs.

The strict liability standard means the judge does not need to hear about the dog's history. Your job is to prove three things: the defendant owned or kept the dog, the dog bit you, and you sustained specific, documented damages.

Get the Complete Filing Toolkit

Our New Hampshire Small Claims Filing Guide covers every step from the demand letter through post-judgment collection, with worksheets to track evidence, prepare for the hearing, and manage deadlines.

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