Dog Bite Statute in Massachusetts

A dog may be man’s best friend, but even a relatively small dog can cause harm if it behaves aggressively. Unfortunately, even if you don’t own a dog yourself, or your dog is well-trained, it’s possible you’ll one day be hurt as a result of a dog attack in Massachusetts if a dog’s owner is negligent, although negligence need not be proven under Massachusetts law.

Has this already happened to you? If so, under Massachusetts law, you may be eligible to receive financial compensation for your losses. The following guide will explain what you need to know about the relevant dog bite statute in the Commonwealth, helping you better understand your legal rights in these circumstances. For more information, review your case with a Massachusetts dog bite attorney.

What You Need to Know About Dog Bite Laws in Massachusetts

Massachusetts General Law Chapter 140, Section 155 is the statute that addresses liability in dog bite cases. It establishes the following:

• The owner of a dog who causes injury or property damage will be liable
• If the owner of a dog who causes injury or property damage is a minor, the parents of the owner will be liable
• If a dog causes injury or property damage when a victim is trespassing or engaging in a similar crime, the owners of the dog (or the parents of the owner) will not be held liable
• The owners or parents of the owner of a dog who causes injury or property damage will not be held liable if the victim was attacked because they were “teasing, tormenting, or abusing such dog”

The law states that, in regard to the final point, the burden of proof is on the defendant. This means if you filed a claim or lawsuit after being attacked by a dog, and its owners claim you were taunting or abusing the dog prior to the attack, they will need to provide sufficient evidence proving their accusations.

Additionally, although the law states that a dog’s owners can’t be held liable if a victim was trespassing or committing a similar crime when they were attacked by a dog, there are exceptions to this. Specifically, if a victim was under seven years of age when they were attacked, the law will assume the victim was not committing a crime at the time a dog harmed them.

What To Do if You’re Ever Attacked by a Dog in Massachusetts

Taking the right steps in the immediate aftermath of a dog bite or other such dangerous animal attack is essential. Steps to take include the following:

• Move to a safe spot away from danger
• Check yourself for injuries and tend to any that need immediate attention
• See a doctor right away, even if you don’t think you’ve sustained serious injuries (as even seemingly minor dog bites can result in infections or other such forms of harm that may develop over time)
• Follow all a doctor’s recommendations
• Identify the owner of the dog that bit you
• Contact animal control to report the incident
• Take pictures of the scene of the accident if you’re able to do so safely
• Take pictures of your injuries
• Identify any witnesses, getting their names and contact information

Right after a dog bite accident, it’s also critical that you know what steps you SHOULDN’T take. You should not:

• Tell anyone that you’re “fine” or otherwise free of serious injury, as you need a doctor to confirm whether you’ve sustained major injuries
• Retaliate by harming a dog, unless doing so is the only way to protect yourself from further attacks
• Accept any compensation from a dog’s owner at the scene of the accident
• Say anything to at all suggest that you may have provoked a dog to attack you

Depending on the circumstances, after being attacked by a dog in Massachusetts, you may be able to file a claim or lawsuit seeking compensation for your medical bills, lost wages, and other such losses/damages resulting from the incident. Strongly consider enlisting the help of a lawyer before taking legal action.

At Swartz & Swartz, P.C., a Boston dog bite lawyer will review your case and inform you of your legal options. If we believe you have a valid case and you decide to hire us, we can gather evidence, negotiate with insurance companies, and generally strive to help you receive the compensation for which you may be eligible. Learn more about how we can help by contacting us online today or calling us at (617) 742-1900 to schedule a consultation. The consultation is free, so you’re taking no financial risk by meeting with a lawyer to discuss how you may proceed.

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If you or someone you know, needs help from a lawyer, contact the law offices of Swartz & Swartz, use our live chat, or send us a message using the form below and we’ll get in touch to assess your case and how we can help.