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Animals

pets—damages for death or injury

Most states classify companion pet animals (dogs, cats) as personal property, and only allow owners to recover the fair market value (what a willing buyer would pay for the animal) or the replacement cost (the cost of replacing the pet with an animal of the same age, breed, and condition) for the injury or death of the pet (a rare, prize winning, pedigreed dog may have greater economic value). But some states allow pet owners to recover greater damages when the injury or death of the pet is intentional or malicious.

In New Hampshire, as in most states, companion animals such as dogs and cats are generally considered personal property under the law. This means that in cases of injury or death of a pet, owners are typically limited to recovering the fair market value or the replacement cost of the pet. The fair market value is determined by what a willing buyer would pay, while the replacement cost is the expense of obtaining another pet of the same age, breed, and condition. However, New Hampshire does recognize the special value of pets to their owners and allows for the recovery of damages for 'wrongful injury or killing of an animal.' Under RSA 466:19, if the injury or death is caused intentionally or through malicious acts, the pet owner may be entitled to recover additional damages, which can include compensation for the loss of companionship and emotional distress suffered due to the loss of the pet.

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Animals

pets—damages for death or injury

Individual & Family Legal Plan

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New-Hampshire State Code

New-Hampshire State Code

Animals

pets—damages for death or injury

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