Holding New Hampshire Landlords Liable for Tenant Dog Attacks

When a dog attacks, the immediate legal target is always the dog's owner. But what happens when the owner is a tenant renting an apartment, and they do not have renter's insurance or personal assets to cover your massive medical bills? This is a common and terrifying scenario for victims. However, the legal trail does not necessarily end with the dog's owner. Under certain circumstances in New Hampshire, the landlord or property management company can be held financially responsible for the attack.

Holding a landlord liable requires proving specific legal elements regarding what they knew and when they knew it. Whether the attack happened in a Nashua apartment complex or a rented duplex in Concord, pursuing a commercial property insurance policy is often the only way to secure fair compensation for severe injuries. If you were attacked by a renter's dog, we strongly urge you to find an experienced personal injury attorney in our directory to investigate the landlord's liability.

Landlord Liability vs. Strict Liability

In New Hampshire, the dog owner is held to a standard of 'strict liability' under N.H. Rev. Stat. Ann. § 466:19. This means the owner is at fault regardless of whether they were negligent. However, this strict liability statute generally applies only to the 'owner or keeper' of the dog.

A landlord who merely leases the property to the dog owner is not considered a 'keeper' and is therefore not strictly liable by default. To sue the landlord, your attorney must file a claim based on common law negligence. To win, you must prove that the landlord knew (or should have reasonably known) that the dog possessed vicious propensities, and that the landlord had the authority to remove the dog or force the tenant to leave, but negligently failed to do so.

Apartment Complex Common Areas

Landlords have a non-delegable duty to keep the common areas of their property safe for all tenants and guests. If a landlord allows a tenant to keep a known aggressive dog, and that dog attacks you in the shared lobby, the community courtyard, or the laundry room, the landlord's liability is significantly higher. Because the landlord controls these common areas, their failure to ban a dangerous animal from these spaces is a clear breach of their duty of care.

Multi-Family Home Driveways

Many New Hampshire residents live in triple-deckers or duplexes with shared driveways and shared front porches. If a downstairs tenant's dog bites an upstairs tenant's child while they are walking up the shared driveway, the landlord can be held liable. The key is proving the landlord had control over that shared space and ignored previous complaints from other tenants about the dog's aggressive lunging or barking.

The Hurdle of Renter's Insurance Policy Limits

Why go after the landlord at all? Often, it is out of absolute financial necessity. Most leases require tenants to carry renter's insurance, but many tenants let these policies lapse. Even if the tenant has an active policy, many insurance companies write strict breed exclusions into the fine print. If the dog that bit you was a Pitbull, Rottweiler, or German Shepherd, the tenant's insurance company may completely deny the claim, stating that the breed is not covered.

When the tenant's insurance denies the claim, the landlord's commercial premises liability insurance is often the only deep pocket available to pay for your reconstructive surgeries, physical therapy, and emotional trauma. A skilled attorney will fight to prove the landlord is liable so you can access these commercial policy limits.

Steps to Prove the Landlord Knew About the Dog

Proving that a landlord knew about a dog's vicious nature requires aggressive evidence gathering. This is where a lawyer's subpoena power is critical.

• Gathering Past Complaints: Your lawyer will interview neighbors and other tenants to see if anyone previously complained to the property manager about the dog acting aggressively.
• Subpoenaing Animal Control Records: If the dog had a history of escaping the apartment or lunging at people, there may be a paper trail with local animal control that the landlord was informed of.
• Reviewing the Lease Agreement: Your attorney will demand a copy of the tenant's lease. If the lease explicitly banned dogs over 50 pounds, but the landlord knowingly allowed the tenant to keep an 80-pound aggressive dog anyway, it shows clear negligence on the part of the property owner.

Filing the Lawsuit in Civil Court

If the landlord's insurance company refuses to offer a fair settlement, your attorney will file a civil complaint, typically initiating the process with Form NHJB-2688-Se, New Hampshire, Judicial Branch, Civil Complaint. For severe injuries requiring extensive medical care, the lawsuit will typically be filed in the Superior Court of the county where the attack occurred. For example, if the bite happened at an apartment building in Manchester, the case would be filed at the Hillsborough County Superior Court Northern District, Manchester. If the bite occurred in Portsmouth, it would go to the Rockingham County Superior Court, Brentwood.

Frequently Asked Questions (FAQ)