On This Page
- Understanding Massachusetts Dog Bite Liability Laws
- Exceptions to Dog Bite Liability in Massachusetts
- Evidence Needed To Prove Elements of a Dog Bite Claim in Massachusetts
- Assigning Liability in a Dog Bite Case
- How a Dog Bite Lawyer Can Help Prove Liability
- Contact DiBella Law for Help With Your Dog Bite Case
A dog bite can cause serious physical injury, affect your sense of safety, and put you in conflict with neighbors or friends. You may be confused about who is liable and what your legal rights are, but proving dog bite liability in Massachusetts is clear under the law. DiBella Law Injury and Accident Lawyers are passionate about helping Massachusetts residents exercise their rights in these cases. Here, we offer more information on dog bite liability.
Understanding Massachusetts Dog Bite Liability Laws
Massachusetts dog bite law has strict liability, which means an owner is almost always liable for injuries and damage caused by their dog, even if the pet hasn’t shown prior signs of aggression. In other states, owners may avoid liability if they show that their dog has no history of violent behavior. However, under Massachusetts law, the dog’s past actions don’t matter—the owner is generally liable even if the dog hasn’t bitten anyone else before.
This strict liability principle also applies if a dog inflicts other injuries on a person, such as by knocking them down or scratching them. Owners are additionally liable if their dog inflicts property damage, such as damaging a gate or digging up a flower bed.
Exceptions to Dog Bite Liability in Massachusetts
While Massachusetts generally holds owners liable for the injuries their dog causes, owner accountability doesn’t apply in every case. Exceptions to dog bite liability generally require some kind of wrongdoing from the victim. Owners may avoid liability if:
- The victim was trespassing
- The victim was committing a crime
- The victim provoked or teased the dog
Insurance companies may claim one of these exceptions to avoid paying for a dog bite injury. If your case goes to court, defense lawyers may also try to say these exceptions apply.
Evidence Needed To Prove Elements of a Dog Bite Claim in Massachusetts
A successful dog bite claim requires evidence demonstrating your injuries and the dog owner’s liability. A lack of documentation may prevent you from getting the money you deserve or cause your case to be thrown out of court entirely. Evidence needed to prove your case may include:
- Medical records
- Photos of your injuries and the accident scene
- Witness statements
- Police or animal control records
- Proof you had a legal right to be on the property
Collecting this documentation can feel overwhelming, especially if you’re healing from a serious injury. A dog bite lawyer has the resources to gather needed evidence and build a strong case. Lawyers can also subpoena certain documents if needed.
Assigning Liability in a Dog Bite Case
Massachusetts dog bite law is extremely stringent. Generally, the owner is liable for their dog’s behavior, even if the dog lacks a history of aggression or if the owner posts a “beware of dog” sign on their property. A victim only needs to show that they sustained an injury, that the defendant was responsible for the dog, and that they weren’t trespassing or teasing the dog.
Depending on the situation, other parties also may be held liable. If the dog was in the care of someone else, such as a dog walker, pet sitter, or groomer, that person may be liable for the dog’s behavior instead of or in addition to the owner. Landlords also may be liable if they knew a tenant’s dog was dangerous and took no action.
How a Dog Bite Lawyer Can Help Prove Liability
A dog bite lawyer has the resources to investigate the incident and interview any witnesses. They will also communicate with insurance companies on your behalf. If the other party cannot negotiate a fair settlement for your case, your attorney should be prepared to fight in court to ensure you receive justice and financial compensation.
Hiring a lawyer allows you to focus on your recovery. Let our personal injury lawyers fight your case and win you maximum compensation while you rest and recuperate.
Contact DiBella Law for Help With Your Dog Bite Case
Dog bite attorneys at our law firm will explain your legal options and take the first steps toward proving dog bite liability in Massachusetts.
Our lawyers are proud to offer free, no-obligation consultations. You’re in charge of how we handle your case, and our contingency-based fee structure means we get paid only if we deliver results. We’re proud to support our clients in any way we can.
You only have three years from your injury date to file a dog bite claim in Massachusetts, and timely action is key for ensuring compensation. If you were injured by a dog bite, contact DiBella Law at (617) 870-0907 for a free case review.