Many dog owners value their pets for their companionship and positive impact on their physical and mental well-being. Unfortunately, dog attacks are a frequent cause of injury in the United States. Recovering from dog bite injuries can be both physically and financially demanding.

Just like in any other personal injury case, you have the right to seek financial compensation for your losses after a dog bite. However, certain state statutes in Massachusetts may affect your case positively or negatively. Massachusetts law mandates that dog owners are fully liable for any medical bills resulting from a dog bite, irrespective of the dog's history of aggressive behavior.

At the law office of Brandon J. Broderick, we are committed to providing the highest quality legal representation with compassion, honesty, and respect. When you hire one of our Massachusetts dog bite attorneys, no retainer is required. We operate on a contingency fee basis, meaning you only pay if we win your case, eliminating any financial risk for you.

Dog bite victims who know or are related to the dog's owner might hesitate to pursue legal action. However, homeowner's insurance covers the majority of dog bite claims. Filing a claim does not necessarily lead to the dog's euthanasia. Without filing a claim, you may be responsible for your own medical expenses and other damages.

We can help you recover your losses. Contact us today for a free consultation with an experienced Massachusetts dog bite attorney at Brandon J. Broderick, Attorney at Law, by calling (877) 665-8408.

The information below discusses dog bite-related injuries and your legal options in Massachusetts.

Make Sure Your Current and Future Medical Needs Are Covered

A dog attack can be incredibly traumatic, leading to lasting physical and mental health issues. It's crucial to consider your future healthcare needs and legal rights. Reflect on how your injuries will impact you physically, emotionally, financially, and in all aspects of your life moving forward. If you or a loved one has sustained a serious injury, you deserve fair compensation. Don't make the mistake of settling too quickly.

Expert Negotiators and Litigators With Decades of Experience

Many dog bite victims in Massachusetts think they don't need legal representation due to the state's dog bite laws. However, even if liability is clear, insurance companies may undervalue your claim or deny full payment. By hiring Brandon J. Broderick, Attorney at Law, we will manage all communications with the insurance company on your behalf and help you secure the compensation you are entitled to.

Your Advocates in Trying Times

Brandon J. Broderick is dedicated to assisting you if you require legal representation, allowing you to focus on your recovery. Our Massachusetts law office is committed to obtaining the compensation you need and deserve. We will tirelessly defend your rights and support you through this challenging period.

Reach out today for a no-cost consultation to discuss your legal options.

Massachusetts Enforces "Strict Liability" for Dog Owners

In Massachusetts, dog owners face "strict liability" for injuries and property damage caused by their dogs. According to Massachusetts General Law Chapter 140, Section 155, an owner can be held civilly liable even if they were unaware their dog might be dangerous and had taken precautions to prevent harm.

This strict liability approach differs from the "one-bite rule" used in some states, where an owner is only liable if they knew or should have known their dog was dangerous. In Massachusetts, strict liability applies to all types of injuries and property damage caused by dogs, not just bites.

Liability When the Owner is Absent

Under Massachusetts's strict liability rule, owners are responsible for their dog's actions even when they are not present. For example, an owner could be sued if their dog injures someone while being walked by a pet sitter or cared for by a friend. The law also extends to the dog's "keeper," a person who has control and custody of the dog but does not necessarily own it. This could include veterinarians, dog walkers, or friends and relatives looking after the dog. Given the complexities of such cases, consulting an attorney can provide valuable guidance based on your specific situation.

Liability When Children Are Involved

Massachusetts has specific rules for younger dog owners and victims:

  • Young children receive special protection. The law presumes that children under seven years old are too young to be held responsible for trespassing or other actions that might excuse the owner from liability. The owner must prove otherwise in any particular case.

  • If the dog owner or keeper is a minor, the minor's parents or guardians are liable for the damages and injuries caused by the dog.

Consulting with an attorney at Brandon J. Broderick, Attorney at Law, can provide further clarity and guidance based on the details of your case.

Defenses for Owners in MA Dog-Bite Cases

Despite the strict liability rule, Massachusetts law does not hold owners responsible if the victim was:

  • Trespassing
  • Committing another tort
  • "Teasing, tormenting, or abusing" the dog at the time of the incident

Someone who is entitled to be on private property, such as an invited guest, is not trespassing.

Filing a Lawsuit Under Massachusetts Negligence Rules

A dog-bite victim in Massachusetts can file a lawsuit under the state's strict liability rules. However, victims also have the option to file an injury claim based on general negligence rules.

A negligence lawsuit is more challenging to win than a strict liability case, as the plaintiff must prove both the harm caused and that the harm was due to the defendant's carelessness.

Because of this requirement, it generally doesn't make sense for a victim who qualifies for a strict liability lawsuit to pursue a negligence claim instead. However, there are situations where a negligence lawsuit may be the better option. This is because Massachusetts's strict liability statute specifically applies to a dog's "owners or keepers."

Understanding Massachusetts Law on “Dangerous Dogs”

Local governments in Massachusetts can classify a dog as a "dangerous dog" or a "nuisance dog" based on its behavior. In severe cases, dangerous dogs may be taken from the owner and euthanized. More commonly, local authorities require owners of dangerous or nuisance dogs to take specific measures to protect the public. Failure to comply with these orders can result in serious consequences for both the owner and the dog.

Dangerous Dogs vs. Nuisance Dogs

"Dangerous" dogs are considered more serious than nuisance dogs. In Massachusetts, a dog is classified as dangerous if it has:

  • Injured or killed a person or domestic animal, or
  • Displayed behavior that suggests it might injure or kill a person or domestic animal

Massachusetts law prevents municipalities from deeming a dog dangerous or imposing special regulations based solely on its breed. Additionally, a dog cannot be labeled dangerous merely for growling or barking.

The law also acknowledges that there are circumstances where a dog’s threatening or aggressive behavior might be considered reasonable. As long as the behavior is not "grossly disproportionate" to the situation, the dog cannot be deemed dangerous.

Special Considerations for Children

Similar to the state's strict liability rules, Massachusetts has specific provisions for cases involving children under seven. The law presumes that a very young child could not have been committing a crime, provoking the dog, or trespassing, providing additional protection for children in such incidents.

Steps to Take If You're Bitten by a Dog in Massachusetts

Our law firm recommends that you take the following actions following a dog bite attack in Massachusetts

  • Contact the Police: Dog bite incidents often involve conflicting accounts. Allow the police to conduct interviews and establish the facts.
  • Take Pictures: Collect as much evidence as possible. Photographs of your injuries, the dog, the location, and other relevant details. Having as much proof as possible can be very valuable in your case.
  • Take Notes: Document the time and location of the attack, whether the dog was contained, and any other pertinent details.
  • Speak with Witnesses: If there were witnesses, get their full names, addresses, and phone numbers. This information may be necessary for further investigation.
  • Speak with the Dog's Owner: Obtain the owner's full name, address, and phone number. This information is crucial for the investigation.
  • Seek Medical Attention: Even if the injury seems minor, a doctor should examine it. What appears to be minor could be more serious.
  • Contact Brandon J. Broderick, Attorney at Law: Let our experienced Massachusetts dog bite lawyers help you build a strong case and secure the highest amount of compensation possible.

Compensation in Massachusetts Dog-Bite Cases

If you sue a dog owner or handler, your lawsuit will follow the same process as other personal injury lawsuits in Massachusetts. If the owner is found liable for your injuries or damaged property, they (or their insurance) must pay you compensation.

Additionally, Massachusetts has a special damages law aimed at penalizing owners of dangerous dogs who fail to control their pets. This law applies to owners of dogs that have been deemed dangerous and subsequently:

  • Wound a person, or
  • Wound, harass, or kill livestock or fowl.

In such cases, the dog owner is liable for three times the amount of damages they would normally owe the plaintiff.

Homeowners Insurance and Dog Bites

According to the Insurance Information Institute, dog bites and other dog-related injuries have comprised over one-third of all homeowners' insurance claims in recent years. You might be able to make a claim against the dog owner's insurance company if a dog has attacked you.

However, the compensation provided might not cover all your losses. For example, the dog owner's insurance policy may not fully cover all medical expenses.

Common Injuries Resulting from Dog Bites

Dog bite victims can experience a range of injuries, from minor scratches and scrapes to severe, life-threatening wounds requiring extensive medical care over months or even years. The elderly and very young are particularly vulnerable to fatal dog bite injuries.

Commonly, dog bites affect the face, hands, and feet, often resulting in bone fractures and ligament tears that may necessitate multiple surgeries. Reduced blood flow to the limbs can lead to delayed healing and infections.

Severe dog attacks can cause a variety of injuries, including avulsions, amputations, and nerve damage, potentially leaving the victim with permanent or long-term disabilities.

Infections at the bite site are the most significant risk for dog bite victims. Capnocytophaga, a type of bacteria commonly found in dogs' mouths, is harmless to animals but can cause severe infections and even sepsis in humans. Additionally, multiple pathogenic bacteria that can infect humans thrive in the mouths of dogs.

Preventing and Responding to Dog Bites

Any dog can bite, so it's important not to be overconfident around animals, even those you know or are of a friendly breed. Every dog, regardless of breed, can bite, often in self-defense or in reaction to something. According to the American Veterinary Medical Association (AVMA), education, responsible pet ownership, and avoiding unsafe situations are the three most effective ways to protect against dog bites. Ensuring an adult is always present when children interact with dogs is crucial to preventing serious bites.

Understanding what to do and what not to do after a dog bite is vital, as is proper pet care and training. As a dog owner, one of your first responsibilities is to choose a dog that will thrive in your home and community. Properly socializing and training your dog can significantly reduce the risk of an attack.

Over time, you and your dog’s needs may change. The rise in dog bite injuries and the puppy boom following the coronavirus outbreak highlight this issue. If your dog hasn't been socialized recently, it's essential to stay informed about methods for reintroducing them to society.

If you or someone else is bitten by a dog, immediately wash the injured area with soap and warm water before seeking medical attention. Report the dog attack to the police or a local animal shelter. If medical attention is needed, consulting with a Massachusetts dog bite lawyer is advisable.

Should You Hire a Lawyer for a Dog Bite in Massachusetts?

Hiring an experienced dog bite lawyer in Massachusetts can significantly improve your chances of recovering damages. Insurance companies may underpay or deny claims, even when liability is clear. A lawyer can advocate for you in negotiations and communications with insurance companies. The attorney only receives payment if you win your case in court.

Massachusetts Dog-Bite Lawsuit Statute of Limitations

Massachusetts, like all states, imposes deadlines for filing civil lawsuits. The statute of limitations for personal injury claims in Massachusetts is three years. This means you have three years to file a negligence or strict liability lawsuit if you have been injured or your property has been damaged by someone’s dog.

If You Have Suffered a Dog Bite Injury in Massachusetts, Brandon J. Broderick, Attorney at Law, is Ready to Assist You

Victims of dog attacks often suffer severe mental trauma in addition to physical wounds that refuse to heal. At Brandon J. Broderick, Attorney at Law, we prioritize our clients' wellbeing. You can put your trust in our legal team to get you the best possible outcome so that you can focus on your family and healing while we handle the legal details.

Our dog bite lawyers in Massachusetts do not require clients to pay any upfront fees. Only if we provide a successful resolution will we be compensated. The insurance company may offer you a very small settlement if you do not file a claim, and it may not be enough to cover your basic needs. Contact us as soon as possible so that we can help you seek compensation for the losses and damages to which you are entitled.

We have multiple office locations across Massachusetts, including Barnstable, Boston, Brockton, Cambridge, Fall River, Haverhill, Lawrence, Lowell, New Bedford, North Attleborough, Springfield, and Worcester. We're here to support you, protect your legal rights, and help you recover.

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