Massachusetts is one of the more favorable states for people injured by dogs. Under the state’s dog bite statute, a victim generally does not need to prove the dog was dangerous, had bitten before or that the owner was careless. Here is how the law works and what to do after a bite.
Strict Liability for Owners and Keepers
Massachusetts General Laws chapter 140, section 155 makes the owner or keeper of a dog liable for damages caused by the dog. This is strict liability: there is no “one free bite” rule, and the dog’s history does not have to be proven. The law also covers injuries that are not bites, such as being knocked down by a dog that jumps on you.
A “keeper” can be someone other than the legal owner, such as a person who was caring for or walking the dog when the injury happened.
The Exceptions
The owner or keeper is generally not liable under the statute if the injured person was trespassing, committing another wrongful act, or teasing, tormenting or abusing the dog at the time. For children under seven, the law presumes the child was not doing any of these things, and the dog’s owner has the burden of proving otherwise.
Who Pays the Claim
Most dog bite claims are paid by the owner’s homeowner’s or renter’s insurance. Some policies exclude certain breeds or dogs with a bite history, and coverage questions can affect how a claim is presented. A landlord is usually not liable merely for owning the property, but may be in some circumstances, depending on the facts.
What Damages Can Be Recovered
- Emergency and follow-up medical care, including plastic surgery and scar revision
- Lost wages
- Pain and suffering
- Scarring and disfigurement, which can be significant for facial injuries and children
- Emotional distress, including fear of dogs after an attack
What to Do After a Dog Bite
- Get medical care. Dog bites carry a high infection risk.
- Identify the dog and its owner, and ask for proof of rabies vaccination.
- Report the bite to the local animal control officer.
- Photograph your injuries over time as they heal, and the location where it happened.
- Get names and contact information for witnesses.
How Long Do You Have?
Personal injury claims in Massachusetts, including dog bite claims, generally must be filed within three years. Evidence and witness memories fade quickly, so it is best to act sooner.
Learn more on our dog bite injury page, or call Muggeo & Associates at 978-741-1177.
This article provides general information only and is not legal advice. Laws change and outcomes depend on the facts of each case.