Dog bite laws can be complicated and change from state to state. In Massachusetts, strict liability laws hold dog owners responsible for the actions of their pets under specific conditions. Whether or not you are liable for your dog biting someone largely depends on the circumstances of the incident, including where it happened, the behavior of the person who was bitten, and the history of the dog.

This article explores the legal framework for dog bite liability in Massachusetts, what defenses are available, and how the law impacts dog owners in various situations.

Massachusetts Dog Bite Law: Strict Liability

In Massachusetts, dog bites are governed by a strict liability rule. According to Massachusetts General Laws Chapter 140, Section 155, dog owners are automatically held liable for injuries caused by their dog, regardless of negligence or the dog’s prior history of aggression. As a result, the injured party does not need to prove that the owner was aware of the dog's violent tendencies in order to seek compensation for their injuries. The key points of strict liability include:

• Location of the Bite: The law applies if the bite occurs in a public place or while the victim is lawfully on private property.
• The Victim's Conduct: The dog bite victim must not have provoked the dog. If the injured person was trespassing, teasing, or tormenting the dog, the owner might not be liable.

Who Can Be Held Liable?

Massachusetts law holds anyone who harbors, keeps, or controls the dog accountable for injuries the dog causes. While this primarily applies to the dog's owner, other individuals who are responsible for the dog's care at the time of the bite could also face liability. This includes pet sitters, dog walkers, or even landlords in certain situations.

For example:

• Dog owners: The primary individual responsible under Massachusetts law.
• Pet sitters or caretakers: If the bite occurs while someone else is responsible for the dog, they could share liability.
• Landlords: In rare cases, landlords can be held accountable if they knew a tenant's dog was dangerous and failed to take appropriate action.

Defenses to a Dog Bite Claim

While Massachusetts law generally favors dog bite victims, there are situations where dog owners can defend against liability. Two primary defenses exist:

1. Trespassing: If the person injured was on your property without permission and was bitten by your dog, you might not be liable. However, this defense only applies if the victim was trespassing at the time of the bite. Mail carriers or invited guests, for example, are protected under the law.
2. Provocation: If the victim provoked the dog through teasing, tormenting, or hurting the dog, the owner may not be held liable for the bite. However, proving provocation can be challenging and typically requires evidence, such as witness testimony.

Strict Liability vs. Negligence in Dog Bite Cases

While Massachusetts enforces strict liability in dog bite cases, there are instances where negligence may play a role. Negligence-based claims arise when the dog owner's carelessness contributed to the bite, such as failing to secure a dog in a fenced yard or ignoring a leash law. In these cases, victims may pursue additional claims beyond the basic dog bite statute.

For example, if a dog owner knowingly lets their aggressive dog roam freely without a leash, and the dog attacks someone, this could constitute negligence in addition to strict liability.

What Damages Can Be Recovered?

Dog bite victims in Massachusetts can seek compensation for a variety of damages, depending on the severity of their injuries. Typical damages include:

• Medical expenses: Treatment costs for bite wounds, infections, or reconstructive surgery.
• Lost wages: Compensation for time missed at work due to recovery.
• Pain and suffering: Compensation for physical pain and emotional trauma.
• Permanent disfigurement: Damages for scars or other permanent physical changes.

In more severe cases, victims may also go for punitive damages if they are able to prove that the dog owner's actions were particularly reckless or malicious.

Understanding the Role of Homeowners Insurance

In many cases, dog bite liability is covered under homeowners' or renters' insurance policies. According to the Insurance Information Institute (III), dog bites account for more than one-third of all homeowners insurance liability claims, with an average payout of around $55,000 per claim.

If your dog bites someone and you are found resonsible, your insurance policy could cover the victim's medical expenses and other damages. However, some policies may exclude coverage for certain breeds or for dogs with a history of aggression. It's important to review your policy to understand what is covered.

Dog Bite Prevention: Protecting Yourself From Liability

As a responsible dog owner, there are steps you can take to reduce the risk of your dog biting someone and safeguard yourself from legal liability. Here are some tips:

• Leash your dog: Even if your dog is well-trained, always ensure they are on a leash when in public spaces.
• Socialize your dog: To reduce aggressive behavior, gradually introduce your dog to various environments, people, and other animals.
• Train your dog: Teach basic obedience commands such as "sit," "stay," and "come" to ensure you have control over your dog in any situation.
• Avoid dangerous situations: Be aware of unfamiliar people or animals, particularly in high-stress environments.

Conclusion

In Massachusetts, dog owners are generally held liable for any injuries their dog causes, thanks to strict liability laws. This means that, even if your dog has never shown aggression before, you could be financially responsible if it bites someone. Understanding the law and taking steps to minimize risks can help protect you from potential lawsuits.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.

Contact us now for a free legal review.