Dog bites can lead to serious physical injuries, emotional trauma, and financial losses for the victim. When such incidents occur, Massachusetts law allows victims to seek compensation through legal action. However, one question often arises: Does a dog bite victim's age matter when pursuing a lawsuit in Massachusetts? The answer is yes—age plays a significant role in legal proceedings, influencing liability, compensation, and overall case outcomes.

Massachusetts Dog Bite Laws: A Brief Overview

Massachusetts adheres to a strict liability standard for dog bite cases. Under the Massachusetts General Laws, Chapter 140, Section 155, a dog owner is held responsible for any injuries caused by their dog, regardless of whether the owner knew the dog was dangerous. The only exceptions arise if the victim was trespassing, provoking the dog, or engaged in unlawful activity at the time of the attack.

For minors under the age of seven, Massachusetts law presumes they were not trespassing or provoking the dog unless the dog owner can provide evidence to the contrary. This distinction underscores the importance of age in dog bite lawsuits.

How Age Impacts Dog Bite Lawsuits in Massachusetts

There are several ways in which a victim's age affects the dynamics of a dog bite lawsuit in Massachusetts. These factors influence both the legal strategy and the amount of compensation a victim might receive.

Liability and Legal Protections for Children

As previously mentioned, children under seven years old receive special legal protections in Massachusetts dog bite cases. Courts assume that young children cannot comprehend the risks of approaching or interacting with a dog. As a result:

• Presumption of Innocence: In the case of children under seven, the burden of proof shifts to the dog owner to show that the child was trespassing or provoking the dog.
• Negligence Standard: Older children and adults do not have the same presumption of innocence. If a child is over the age of seven, the court will evaluate their actions according to what a "reasonable person" would do in the same situation. The child's maturity level, ability to understand danger, and behavior at the time of the incident may all be considered.

Severity of Injuries and Long-Term Impact

A victim's age can significantly influence the type and severity of injuries sustained during a dog attack, which in turn affects the compensation they might receive. Children are often more vulnerable to severe injuries from dog bites because of their smaller size and delicate skin. In addition:

• Facial Injuries: According to the Centers for Disease Control and Prevention (CDC), children are more likely to suffer dog bites to the head and neck, leading to permanent disfigurement or scarring. This may result in higher compensation for pain, suffering, and medical costs.
• Psychological Trauma: Young children are at a higher risk for long-lasting psychological trauma following a dog attack. Compensation for emotional distress may be more significant in cases involving younger victims.

Calculating Damages for Future Losses

Age also plays a key role when calculating future damages, especially when children are the victims. These damages could include:

• Medical Costs: A younger victim may require more long-term medical treatment, such as reconstructive surgery or ongoing psychological therapy, increasing the overall compensation.
• Lost Future Earnings: In severe cases where the child's injuries impact their ability to work later in life, the court may calculate compensation for lost future earnings.

Legal Representation and Guardian Role

For minor victims, a parent or legal guardian must file the lawsuit on their behalf. This guardian is responsible for making legal decisions, negotiating settlements, and ensuring the best interests of the child are prioritized throughout the process. Additionally, Massachusetts courts typically require that any settlement involving a minor be approved by a judge to ensure fairness.

Key Statistics on Dog Bites and Children

Dog bite incidents involving children are tragically common. Here are some statistics that highlight the significance of dog bite injuries in younger populations:

• 50% of U.S. dog bite victims are children, according to the American Veterinary Medical Association (AVMA).
• The CDC reports that children aged 5 to 9 years are most at risk of being bitten by a dog.
• Children are three times more likely than adults to require medical attention for dog bite injuries.

These statistics reinforce the need for specialized legal strategies and heightened protections for young victims of dog attacks.

Compensation in Massachusetts Dog Bite Cases

In Massachusetts, dog bite victims are entitled to various types of compensation depending on their specific circumstances:

• Medical Expenses: Covers current and future medical, including emergency treatment, surgeries, and rehabilitation.
• Pain and Suffering: Compensates victims for the physical pain and emotional distress caused by the incident.
• Permanent Disability or Disfigurement: If the victim sustains long-term injuries or scarring, they may receive additional compensation.
• Lost Wages and Loss of Earning Capacity: For victims who are old enough to work, compensation may cover time off work due to injuries, as well as long-term impacts on earning potential.

Conclusion

Age significantly influences how dog bite cases are handled in Massachusetts, especially when children are involved. Younger victims are afforded special legal protections, and their cases often involve more complex considerations of long-term medical and emotional damages. Dog owners should be mindful of the heightened responsibility they bear when their dog interacts with children, as courts are more likely to hold them liable in such instances.

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.