Dogs can surely be an owner’s best friend. They provide companionship, safety, and emotional support. Yet, they can also bite, and when they do, they cause significant damage to their victims. Some states give dogs and their owners a “free bite,” so to speak, and do not hold owners liable for a dog’s first bite.
Massachusetts is not one of those states. It holds dog owners “strictly liable” for dog bites, no matter how unexpected the incident is. Massachusetts dog bite victims need to understand their right to compensation and seek help from DiBella Law Offices, P.C., after a dog attack. A Massachusetts dog bite lawyer from our team will fight to get the settlement you need for recovery and justice.
Massachusetts Has Strict Liability Laws
Massachusetts Chapter 140, General Law 155 states, “If any dog shall do any to either the body or property of any person, the owner or keeper…shall be liable for such damage.” If the dog’s keeper is a minor, the minor’s parent or guardian is culpable under this law. The law does not make exceptions for a dog’s “first bite.”
It is also important to note the law does not specify bites as the only injury a dog owner is liable for compensating. If the dog hurts the person, perhaps with a deep scratch or by pushing the person to the ground after jumping on them, the responsibility for damages still falls to the dog owner. Even damage to the victim’s property is covered under the law.
Healthcare professionals have responsibilities under Massachusetts law. They must report dog bite incidents to the local animal inspector. The report must be made within 24 hours of the bite so any necessary health measures, quarantine for rabies treatment or prevention, for example, can be taken.
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When Dog Owners Are Not Liable
Though laws in Massachusetts are strict, there are times when owners may not bear fault when their dog bites or attacks.
Trespassing
If a dog harms a person who is trespassing or otherwise on the dog owner’s property unlawfully, the dog owner is likely not responsible for damages caused. However, age can factor into this decision. If the trespasser is under seven years old at the time of the attack, the presumption is the child was not committing criminal trespass, and the burden of proof falls back on the dog owner.
Provocation
General Law 155 also protects dog owners when the actions of the dog-bite victims prompt the dog to attack. If the victim teases, torments, or abuses the animal, which then strikes back, dog owners may not be found liable for damages. As with trespassing, the burden of proof falls back to the animal’s owner if the victim is under seven years of age.
Under Another Keeper’s Care
Dog owners may avoid liability if they are not the “keeper” of the dog when it attacks. For victims, this distinction is important when filing a dog bite claim. To ensure you file appropriately, have an experienced Massachusetts dog bite attorney investigate your situation and handle all legalities.
For example, a dog owner may hire someone to walk the dog while the owner is at work. Similarly, the owner may leave town and put the dog in a dog-sitting company’s care. If the dog attacks someone under the care of the walker or the company, those parties may hold culpability rather than the dog’s owner.
When dogs go to a veterinarian for medical care, they are under the vet’s care. This means vets typically cannot hold dog owners responsible if they (the vets) are bitten while attending to the animal. In some situations, they may have grounds to claim negligence under a personal injury claim but cannot sue under the dog bite statutes.
Liability When a Police Dog Bites
K9 units serve an important function, aiding police in apprehending criminals and protecting the public. When these dogs are deployed in apprehending an alleged criminal or some other official act, innocent bystanders can be bitten or injured unintentionally and seek compensation. Still, pursuing a dog bite claim against a law enforcement agency can be challenging.
For the best outcome, put your K9 Unit case in the capable, knowledgeable hands of a dog bite attorney in Massachusetts. The team at DiBella Law Offices, P.C. knows what evidence you need and what arguments to make when working to secure compensation. You will need to prove the K9 handler was negligent, showed unreasonable conduct, or used excessive force in managing the dog.
Since your claim is against a government agency, the claims process follows special procedures. Most victims are not aware of these steps and may have a difficult time navigating them. A skilled dog bite lawyer in Massachusetts will fulfill all requirements and move your case through this special process as efficiently as possible.
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Dog Bite Damages
Dog attacks are traumatizing experiences, both emotionally and physically. The fear of the moment often extends, sometimes indefinitely, and the physical wounds also take time to heal. Dog attacks or bites can:
- Cause deep lacerations
- Sever nerves and damage soft tissue
- Cause bone breaks if victims fall, or smaller bones are crushed from the pressure of the dog’s jaw
- Lead to infections, including rabies
- Cause traumatic brain injury if victims strike their heads when falling from an attack
These injuries require significant medical interventions and recovery time, both of which come with steep financial costs. Medical care is expensive, and recovery time usually requires days, weeks, or months away from work and earning income. You, the victim, should not bear the responsibility of covering these losses.
Your dog bite lawyer in Massachusetts will calculate your losses with great care and work to hold the dog owner or keeper liable for paying a fair settlement. Every case and settlement is different, but you can expect your attorney to fight for coverage of your medical care, wage loss, and other expenses incurred by the bite and for financial acknowledgment of your pain and emotional suffering.
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Your Case Is Personal to Us
The skilled team of Boston dog bite lawyers at DiBella Law Offices, P.C. takes every case personally. Your situation and your rights matter to us, and we will fight hard to protect those rights and get you the compensation you deserve. To connect with us and schedule a free consultation, call or send a message today. We are ready to get to work for you.
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