Strict Liablity dog bite law in NH (Troy: insurance, how much) - City-Data Forum

KarynO · 08-04-2010, 05:54 PM

I heard there is a "strict liability" law regarding dog bites in NH. I'm not sure what this means...Here is our situation:
[SIZE=2]While having a large "pig roast" type gathering on our large farm a child was bit by a dog that belonged to a friend of his father's. They arrived at our property as a group and brought the boxer/pit mix as well as a wolf puppy. The father was a degenerate and refused to bring his child to the er. He was claiming it was no big deal, people should mind their own business as well as belittle the child for ruining his good time. As the homeowner, I argued with him to allow the boy to go to the hospital and he only had some one take him when I threatened to call 911. He is now trying to sue us through a Massachusetts attorney. We have many witnesses to his ridiculous behavior. He was also very familiar with this dog and drove 100 miles in the car with it and his child. are we liable? They were at the end of our long driveway and we were not aware of this dog until the bite occurred. We are also in the process of building our house and there is no homeowners in place (I know!)

I'm also wondering what kind of awards people in NH have received for simple dog bites...this was a one inch gash on the arm.

any good advice is appreciated.
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Mac_Muz · 08-05-2010, 10:21 AM

The guys friend owned the dog, and the guy and his son came in that other guys car? You didn't even know they brought a dog? How do you KNOW the bite happened on your property at all?

There is no pain and suffering pay out in NH., none for scars either. I think you can laugh at the guy and tell him you won't hear his Mass attorney who probably isn't lic, up in NH in the first place.

For all you know the bite took place on a public NH road and so he can sue the state of NH, I wish him best of luck on that.

Sounds like 2 winners with a boxer/pit mix and a dog wolf too. I assume the bull/pitt is the one that did the bite.

rmcewan · 08-05-2010, 05:47 PM

get a lawyer and counter-sue for bringing a dangerous dog to your property without permission.

Mrtwigg · 08-06-2010, 03:56 PM

Crap like this is why I go armed in my own yard all the time.

Let me get this straight:
The dog and the child (& child's father) who was bitten arrived at your place in the same car ?

The dog bites the child on your property and the father is threatening to sue you ?

The father (sperm donor?) is now "attempting" to sue you through a Massachusetts attorney (ambulance chaser) ?

Personally I'd consult an attorney and see if there is a viable case against you, if so file a countersuit. Call child services and file a restraining order.

Oh, next time he shows up, shoot the damm dog. Perfectly lawfull in NH.

Quote:

466:28 Killing Dogs Legalized. – Any person may kill a dog that suddenly assaults the person while such person is peaceably walking or riding without the enclosure of its owner or keeper; and any person may kill a dog that is found out of the enclosure or immediate care of its owner or keeper

KarynO · 08-06-2010, 04:27 PM

Thanks for your replies...they either showed up in the same car or different cars but where there together as friends camping right at the entrance to our property where the bite happened. Do NH civil cases go to a jury trial? I'm thinking a NH jury wouldn't award against a NH land owner to a Massachusetts vagrant who isn't even suing the actual dog owner who is his Mass buddy. or is that wishful thinking. We just want to know what kind of money dog bites pay out & that our whole farm and everything we work for is not at risk. If anyone has any stories....

Mac_Muz · 08-06-2010, 05:57 PM

In this case i would be surprised if you had to pay out a cent. You had nothing to do with it. I WOULD TELL THE GUYS LAYWER YOU WANT THE DOG DESTROYED. That will probably end it all. NH just doesn't pay out. These fools can ask for all the tea in China, but it won't mean they get any.

And when I say to demand the dog be destroyed I don't mean that demand will have the dog destroyed, but it is with legal rights.

Once working in Mass at a car garage a kid walked up to my chained and sleeping Great Dane, and kicked the dog to see what would happen. The dog bit the kid. Later the kid and his father came to bear the news I would be sued. I told him that they had 0.5 seconds to leave or I would take the dog off his chain. Ended that right there.

You bear 0 responcibily. I wish I could see the judge in court on this if it goes there. NH courts are not into fraudulent cases very much, and if you go the judge could award you paid for damages.

Mrtwigg is right, the jerk went and got a meat wagon lawyer, but NH doesn't deal in that like in Mass.

Mrtwigg · 08-06-2010, 06:07 PM

Karyn I'm not a lawyer and I don't play one on the interwebz but I really do think it would be in your best interest to speak with a real lawyer. Or is your intent here to solicit rumors & allegations or hear-say and scare stories ? Asking "what kind of money dog bites pay" isn't going to do anything constructive. Relax, take a deep breath, wait until Monday morning and call a lawyer.

If this chucklehead is calling and demanding money or otherwise harrassing you call the police, have him arrested for tresspassing if he is on your land. Whatever you do, DO NOT apologise in any way. Let him know you'll be retaining legal counsel and your lawyer will speak to his lawyer then ask politely for the business number of his lawyer.

I'll bet dollars to doughnuts you won't get one.

It is my belief you're 100% in the clear if they brought the dog with them. At least then you'll know for sure if you're in the clear and if you have a shot at suing or at least pressing charges against the other party.

Rat the SOB out to child services at least.

KarynO · 08-06-2010, 07:05 PM

I am not here solicit scare stories, just hoping to find someone whose been through it or know someone who has...My husband called an attorney and the first thing he asked was how much our house was worth which threw my husband into a total panic. Sometimes lawyers want to scare you so you put up a big retainer...If he proceeds with a lawsuit we'll have no choice, but in the mean time if we knew the most a small dog bit would award is $10 grand....we wouldn't be happy, but we'd be sleeping better, you know what I mean? I do intend to report this guy to child services

square peg · 08-06-2010, 08:10 PM

KarynO - Have you received correspondence from the attorney in Massachusetts, and if so, what are the grounds for the complaint? I have a feeling this won't sprout wings and fly but it is a suit happy world out there. So... Good luck.

KarynO · 08-07-2010, 07:47 AM

Sq Peg....we received a letter from a Boston attorney (validity confirmed) demanding our insurance information within 14 days, which we do not have (long story, sigh).

The claim is "we allowed a mongrel pitbull / boxer to be on our property, unleashed and unsupervised by us, the homeowners.

I was not even aware of the dog & reason being...we have held this event for over a decade and because our guest love it so much, they bring new folks every year. This year we were overrun with guests maybe 300 or more for 3 days...our guest had a great time but it was nothing but work and dealing with drama for us...we were horrified...stretched out, stressed out...before this even came about we informed our friends that we couldn't have the event anymore due to disrepect and vandalism etc...

sq peg...I'm thinking or hoping that once they find out there is no automatic insurance, they will go away...the guy is pretty much a homeless person in Mass, the child lives in Maine and I think he's on welfare...so what medical bills, right? Thanks