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.
Source. 1851, 1124. CS 133:7. GS 105:7. GL 115:10. PS 118:9. PL 150:23. RL
180:23. RSA 466:19. 1989, 158:1. 1991, 213:1. 1995, 298:11, eff. Jan. 1, 1996.
Any person whose sheep, lambs, fowls, or other domestic creatures are killed, driven away, wounded, or worried by dogs may recover of the town or city in which such damage was done, in the manner provided in this subdivision, the amount of all damage thereby sustained by the person, including the value of any creature so killed or lost, any depreciation in value of a creature so wounded or worried, and any other loss or expense to which such person may be subjected by such killing, driving, wounding, or worrying.
Source. 1863, 2753:3. GS 105:10, 12, 13, 14. GL 115:13, 14, 15, 16. 1889, 97:1.
PS 118:11, 12, 13, 14. 1891, 60:16, 18. 1907, 103:1. PL 150:25. RL 180:25. RSA
466:21. 1995, 298:12, eff. Jan. 1, 1996.
Any person entitled to recover under RSA 466:21 may present a statement of such damage to one of the selectmen of a town, or to the clerk, mayor or one of the aldermen of a city, and the selectmen or board of mayor and aldermen shall then make such investigation as they deem necessary to determine whether the damage was occasioned by dogs and the amount of the damages if so occasioned. If they are of opinion that the damage was so occasioned and that adequate recovery is not available from the owner of the dog or through insurance coverage, they shall award the claimant the amount of the damages as found by them, and forthwith notify such claimant of their award, and at the expiration of 60 days from such notice, if no action has been brought as hereinafter provided, they shall cause an order to be drawn in the claimant's favor upon the town or city treasurer for the amount so awarded. If they are of opinion that the damage was not so occasioned or that adequate recovery is available from the owner of the dog or through insurance coverage, they shall forthwith notify the claimant of the disallowance of the claim. In the absence or sickness of the mayor, it shall be the duty of any one of the aldermen of the city, who may be duly informed of damage supposed to have been done by dogs, to discharge forthwith the duties imposed by this section upon the mayor.
Source. 1863, 2753:3. GS 105:10, 12, 13, 14. GL 115:13, 14, 15, 16. 1889, 97:1.
PS 118:11, 12, 13, 14. 1891, 60:16, 18. 1907, 103:1. PL 150:26. RL 180:26. RSA
466:22. 1991, 213:2. 1995, 298:13, eff. Jan. 1, 1996.
If the selectmen or board of mayor and aldermen neglect to take final action regarding the claim, and to notify the claimant thereof within 60 days from its presentation, the claimant may thereafter, or if the claimant is aggrieved by their action the claimant may within 60 days after notice of such action, bring an action on the case against said town or city for the damages claimed.
Source. 1863, 2753:3. GS 105:10, 12, 13, 14. GL 115:13, 14, 15, 16. 1889, 97:1. PS 118:11, 12, 13, 14. 1891, 60:16, 18. 1907, 103:1. PL 150:27. RL 180:27. RSA 466:23. 1995, 298:14, eff. Jan. 1, 1996.
If such action is brought after an award in the claimant's favor by said selectmen or board, the claimant shall not be entitled to costs unless the claimant recovers an amount in excess of their award.
Source. 1863, 2753:3. GS 105:10, 12, 13, 14. GL 115:13, 14, 15, 16. 1889, 97:1. PS 118:11, 12, 13, 14. 1891, 60:16, 18. 1907, 103:1. PL 150:28. RL 180:28. RSA 466:24. 1995, 298:15, eff. Jan. 1, 1996.
All orders drawn and judgments rendered in favor of claimants under RSA 466:22-24 shall be paid by the town or city treasurer out of the receipts from dog license fees and cat license fees, if the municipality licenses cats, and fines and forfeitures collected under RSA 466:13, 466:31, and 466:39 if the same are sufficient. In case these sources are insufficient, the balance shall be paid out of the general funds of the town or city.
Source. 1863, 2753:3. GS 105:10, 12, 13, 14. GL 115:13, 14, 15, 16. 1889, 97:1. PS 118:11, 12, 13, 14. 1891, 60:16, 18. 1907, 103:1. PL 150:29. RL 180:29. RSA 466:25. 1995, 298:16, eff. Jan. 1, 1996.
After the selectmen have given an order for such damage to the injured, the town may recover the amount thereof in an action of assumption against the keeper or owner of any dog concerned in doing the damage or occasioning the loss.
Source. 1863, 2753:3. GS 105:13. GL 115:16. PS 118:13. PL 150:30. RL 180:30.
The owner of sheep or other domestic animals worried, maimed or killed by dogs shall have his election whether to proceed in an action of the case or under RSA 466:21, but, having signified his election by proceeding in either mode, he shall not have the other remedy.
Source. 1891, 60:17. PL 150:31. RL 180:31. RSA 466:27. 1985, 126:1. 1991, 213:3, eff. Jan. 1, 1992.
