Dog Bite Demand Letter - New Hampshire

DEMAND FOR SETTLEMENT - DOG BITE / ANIMAL ATTACK

STATE OF NEW HAMPSHIRE

[FIRM NAME]
Attorneys at Law
[Street Address]
[City, New Hampshire ZIP]
Telephone: [Phone]
Facsimile: [Fax]
Email: [Email]
Licensed in the State of New Hampshire

DATE: [Date]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[Adjuster Name / Dog Owner Name]
[Insurance Company Name / Address]
[Street Address]
[City, State ZIP]

RE: DOG BITE CLAIM - SETTLEMENT DEMAND
Our Client: [Client Full Name]
Date of Attack: [Date of Attack]
Location of Attack: [Address where attack occurred]
Dog Owner: [Dog Owner Name]
Dog Breed/Description: [Breed, Size, Color]
Claim Number: [If assigned]
Homeowner's Policy Number: [If known]

Dear [Recipient Name]:

This firm represents [Client Name] ("Claimant") for the serious and permanent injuries sustained as a result of a vicious dog attack that occurred on [Date of Attack]. The attack was perpetrated by a [Breed] dog owned by [Dog Owner Name]. This letter constitutes our formal demand for settlement.

I. NEW HAMPSHIRE DOG BITE LAW - STRICT LIABILITY

A. New Hampshire's Strict Liability Statute

New Hampshire is a STRICT LIABILITY state for dog bite injuries. Under N.H. Rev. Stat. Ann. § 466:19, a dog owner or keeper is liable for damages caused by their dog without the need to prove negligence or prior knowledge of viciousness.

N.H. Rev. Stat. Ann. § 466:19 provides:

"Any person to whom or to whose property, including sheep, lambs, fowl, or other domestic creatures, damage may be occasioned by a dog not owned or kept by such person shall be entitled to recover damages from the person who owns, keeps, or possesses the dog, unless the damage was occasioned to a person who was engaged in the commission of a trespass or other tort. A parent or guardian shall be liable under this section if the owner or keeper of the dog is a minor."

B. Advantages of Strict Liability

Under New Hampshire's strict liability framework:

☐ No Scienter Required: Plaintiff need NOT prove owner knew of dog's dangerous propensities
☐ No Prior Bite Needed: Liability attaches even for first-time incidents
☐ Statutory Recovery: The person damaged may recover from a person who owns, keeps, or possesses the dog, subject to the statute's exception
☐ Owner, Keeper, or Possessor: Identify which statutory relationship the recipient has to the dog

C. Exception in the Dog Liability Statute

The exception stated in § 466:19 concerns damage occasioned to a person then engaged in trespass or another tort. Address any disputed facts and other defenses separately:

☐ Trespass: The victim was trespassing at the time of the attack
☐ Commission of Tort: The victim was engaged in commission of another tort

II. PRESERVATION OF EVIDENCE NOTICE

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE relating to this attack and the subject animal, including but not limited to:

☐ The animal itself (do not destroy, euthanize, or transfer without notice)
☐ All veterinary records for the animal
☐ Vaccination records, including rabies vaccination
☐ Animal licensing and registration documents
☐ Prior bite reports or complaints
☐ Any "menace" or dangerous dog determinations under N.H. Rev. Stat. Ann. § 466:31
☐ Communications with animal control
☐ Homeowner's or renter's insurance policies
☐ Training records for the animal
☐ Proof of confinement measures

III. STATEMENT OF FACTS

A. The Attack

On [Date of Attack], at approximately [Time], our client was [describe activity - e.g., "walking on the public sidewalk in front of [Address]," "visiting the dog owner's residence as an invited guest," etc.].

At that time, [Dog Owner Name]'s [Breed] dog [describe how attack occurred - e.g., "escaped from the owner's property," "was off-leash in violation of local ordinance," etc.].

The dog attacked our client viciously and without provocation. [Describe the attack in detail].

B. No Statutory Defense Applies

[Client Name] was NOT:

☐ Trespassing - [He/She] was lawfully present at the location
☐ Committing any tort

On these facts, the exception in N.H. Rev. Stat. Ann. § 466:19 does not apply.

IV. NEW HAMPSHIRE'S COMPARATIVE NEGLIGENCE RULE

A. Modified Comparative Negligence Standard

Under N.H. Rev. Stat. Ann. § 507:7-d, a plaintiff's fault reduces damages in proportion to that fault. Recovery is barred if the plaintiff's fault is greater than the fault of the defendant, or the defendants in the aggregate where recovery against multiple defendants is allowed.

B. Our Client Had No Fault

[Client Name] bore absolutely no responsibility for this attack:

☐ [He/She] was lawfully present at the location
☐ [He/She] did not provoke, tease, or torment the dog
☐ [He/She] did not approach or interact with the dog
☐ [He/She] exercised all reasonable care
☐ The attack was entirely unprovoked

Any assertion of comparative negligence would be without merit.

V. INJURIES AND MEDICAL TREATMENT

A. Description of Injuries

The attack caused severe injuries to our client, including:

Bite Wounds:
☐ [Location] - [Description]
☐ [Location] - [Description]

Secondary Injuries:
☐ Soft tissue damage
☐ Nerve damage
☐ Infection risk
☐ Scarring and disfigurement

Psychological Injuries:
☐ Post-Traumatic Stress Disorder (PTSD)
☐ Cynophobia (fear of dogs)
☐ Anxiety and panic attacks

B. Medical Treatment

[Detail emergency treatment, follow-up care, surgeries, mental health treatment]

C. Prognosis

[Detail permanent conditions, ongoing treatment needs, future care requirements]

VI. DAMAGES

A. Medical Expenses

B. Future Medical Expenses

C. Lost Wages

D. Pain and Suffering

Claimant seeks compensation, as supported by the evidence, for:

• Physical pain and suffering
• Mental anguish
• Emotional distress
• Permanent scarring and disfigurement
• Loss of enjoyment of life

E. Summary of Damages

VII. SETTLEMENT DEMAND

A. Demand Amount

Based upon New Hampshire's strict liability statute, the clear liability of the dog owner, the severity of injuries, and the substantial damages, we hereby demand:

$[DEMAND AMOUNT]

B. Time for Response

This demand will remain open for thirty (30) days from the date of this letter, through and including [Expiration Date].

VIII. STATUTE OF LIMITATIONS

Under N.H. Rev. Stat. Ann. § 508:4(I), the general personal-action deadline is three years from the act or omission. If the injury and its causal relationship could not reasonably have been discovered then, the statute provides three years from actual or reasonably diligent discovery of both.

Date of Attack: [Date]
Discovery Date, if applicable: [Date / Not Applicable]
Limitations Period Expires After Applying § 508:4(I): [Date]

IX. DOCUMENTATION ENCLOSED

☐ Medical records and bills
☐ Photographs of injuries
☐ Police/Animal Control report
☐ Witness statements
☐ Employment records
☐ Prior incident documentation
☐ HIPAA authorizations

X. CONCLUSION

The facts and records identified above support our claim under New Hampshire's dog liability statute and the damages requested in this letter.

We are prepared to pursue the claim in court if a settlement cannot be reached.

We urge you to resolve this matter promptly.

Respectfully submitted,

[FIRM NAME]

By: _________________________________
[Attorney Name]
New Hampshire Bar Number [Number]
Attorney for [Client Name]

ENCLOSURES: [List]

cc: [Client Name]
[File]

NEW HAMPSHIRE-SPECIFIC PRACTICE NOTES

• Strict Liability State: New Hampshire's § 466:19 imposes strict liability - no need to prove scienter or prior knowledge of viciousness.
• Owner, Keeper, or Possessor: Identify the recipient's relationship to the dog under § 466:19.
• Statutory Exception: Consider whether the injured person was engaged in trespass or another tort when the damage occurred.
• Menace Statute: N.H. Rev. Stat. Ann. § 466:31 describes when a dog is considered a menace; check for prior findings. The current text of paragraph II(g) changes on January 1, 2027.
• Comparative Fault: Compare the plaintiff's fault with the defendant's or, where allowed, the defendants' aggregate fault under § 507:7-d.
• 3-Year General Limit: Check § 508:4(I)'s discovery provision before calculating the deadline.
• Local Ordinances: Research applicable municipal leash laws and dangerous dog ordinances.

This template must be reviewed and customized by a New Hampshire-licensed attorney before use.