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 damage may be occasioned by a dog not owned or kept by such person shall be entitled to recover damages from the owner or keeper of such dog, unless the damage was occasioned to such person while he was engaged in the commission of a trespass or other tort."
Key New Hampshire Cases:
- Frederickson v. Murray, 155 N.H. 703 (2007) - Applied strict liability under § 466:19
- Marquis v. Hooksett, 154 N.H. 524 (2006) - Discussed scope of liability
- Bellisle v. Reppucci, 117 N.H. 461 (1977) - Established keeper liability
- Wilder v. Haworth, 187 A. 507 (N.H. 1936) - Foundational strict liability case
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
☐ Automatic Liability: If dog caused damage and no defenses apply, owner is liable
☐ Owner AND Keeper Liability: Both owners and keepers may be held liable
C. Limited Defenses Under New Hampshire Law
The defendant's only defenses under § 466:19 are:
☐ 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
Spoliation of evidence under New Hampshire law may result in adverse inferences and sanctions.
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
The statutory defenses under N.H. Rev. Stat. Ann. § 466:19 do not apply.
IV. NEW HAMPSHIRE'S COMPARATIVE NEGLIGENCE RULE
A. Modified Comparative Negligence Standard
New Hampshire follows modified comparative negligence under N.H. Rev. Stat. Ann. § 507:7-d. A plaintiff's recovery is reduced by their percentage of fault, but if the plaintiff is 51% or more at fault, they are barred from recovery entirely.
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
| Provider | Service | Amount Billed |
|---|---|---|
| [Provider] | [Service] | $[Amount] |
| TOTAL PAST MEDICAL | $[Total] |
B. Future Medical Expenses
| Treatment | Estimated Cost |
|---|---|
| [Treatment] | $[Amount] |
| TOTAL FUTURE MEDICAL | $[Total] |
C. Lost Wages
| Category | Amount |
|---|---|
| Past Lost Wages | $[Amount] |
| Future Lost Earnings | $[Amount] |
| TOTAL LOST WAGES | $[Total] |
D. Pain and Suffering
New Hampshire allows full recovery for:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Permanent scarring and disfigurement
- Loss of enjoyment of life
E. No Damage Caps in New Hampshire
New Hampshire does not impose statutory caps on compensatory damages in personal injury cases.
F. Summary of Damages
| Category | Amount |
|---|---|
| Past Medical Expenses | $[Amount] |
| Future Medical Expenses | $[Amount] |
| Past Lost Wages | $[Amount] |
| Future Lost Earnings | $[Amount] |
| TOTAL ECONOMIC DAMAGES | $[Subtotal] |
| Pain and Suffering | $[Amount] |
| Disfigurement | $[Amount] |
| Emotional Distress | $[Amount] |
| TOTAL NON-ECONOMIC DAMAGES | $[Subtotal] |
| TOTAL DAMAGES | $[Grand Total] |
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, the statute of limitations for personal injury claims is three (3) years from the date of injury.
Date of Attack: [Date]
Limitations Period Expires: [Date + 3 years]
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
Under New Hampshire's strict liability statute, the dog owner is liable for all damages caused by this unprovoked attack. There is no viable defense, and the damages are substantial and well-documented.
We are prepared to try this case before a New Hampshire jury if necessary. Given New Hampshire's favorable strict liability framework, liability is not in dispute.
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 AND Keeper Liability: Both owners and "keepers" (those with custody/control) may be liable.
- Limited Defenses: Only trespass or commission of another tort are valid defenses.
- Menace Statute: N.H. Rev. Stat. Ann. § 466:31 allows designation of dogs as a "menace" - check for prior designation.
- Modified Comparative Negligence: 51% bar rule applies - plaintiff barred if 51% or more at fault.
- 3-Year SOL: Personal injury claims must be filed within 3 years under N.H. Rev. Stat. Ann. § 508:4.
- No Damage Caps: New Hampshire does not cap compensatory damages.
- 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.