Dog Bite Laws in Massachusetts: What You Need to Know

An Overview of Dog Bite Laws in Massachusetts

Massachusetts dog bite laws hinge on negligence. Massachusetts’ statute’s state that the dog owner is liable for dog bite injuries if the injured party can prove that the owner failed to take reasonable precaution measures to keep a dog contained and away from the public, as well as anyone else entering his/her property legally and/or with permission. Any resulting injuries would then be compensated to the injured person.
Massachusetts dog owners must follow strict rules to maintain safety in their homes. Mass. Gen. Laws ch. 140, §155 describes how to secure a rabid or dangerous dog. Notably, the law states that even the perceived threat posed by the owner of an aggressive dog that has not caused any injury at all is sufficient to bring charges against the owner.
Damages awarded to dog bite victims are typically determined under state "one-bite" laws, so-named because the owner of a dog is not held liable for subsequent injuries until the dog has been shown to exhibit aggressive, violent tendencies on more than one occasion . An alternative to Massachusetts’ one-bite rule is that of strict liability. Under this guideline, dog owners are liable for any injuries caused by their dogs, regardless of prior history or evidence of violence.
Massachusetts dog bite laws were originally intended to provide a way to compensate injured parties in the event they attempted to bring negligence cases. The intent was that by specifically outlining the specific factors that constitute a dog owner’s negligence, it would be easier for plaintiffs and courts to determine liability. However, in the decades since the enactment of these laws, the four key considerations for a successful dog bite claim in Massachusetts (known as res ipsa loquitor) have continued to be cited in case law surrounding liability for dog bites:

No Fault: Strict Liability in Dog Bite Cases

Strict liability laws are statutes that make a defendant liable for damages, without the plaintiff needing to show negligence or fault. Under MGL c.140 Section 155, when a dog has attacked someone in the past and that person reported it to the police or animal control, the dog’s owner is strictly liable for both any medical bills incurred as a result of the attack and for other damages that may have occurred.
Once a dog has been tagged with the "aggressive" designation by either the police or animal control, if the dog bites someone, the owner is strictly liable for both the dog-bite victim’s medical bills and also for his or her pain and suffering, including trauma, any damage to his or her property, and any other monetary loss that would directly correlate with the attack, such as money spent on preventive treatment of rabies post-exposure, because it reduces the risk posed to future victims.
Imposing strict liability upon all owners of a dog who has bitten someone in the past will not violate the dog owner’s due process rights because damages are limited to those incurred by the victim, pursuant to MGL c. 140, § 172A. In this way, if a dog is strictly liable for the victim’s injuries, the responsible party is that dog’s owner. So if a sued dog owner can successfully demonstrate that the injured party did not, in fact, sustain the injuries as a result of a dog-bite attack, the dog owner is free from liability.
In Nix v. Cincinnati Ins. Co., No. 1:19-cv-296, 2019 WL 6720221 (N.D Ohio Dec. 10, 2019), the U.S. District Court for the Northern District of Ohio dismissed the owner of defendant’s homeowners insurance policy under the exclusion for "animal attacks." As the statutory provision in the Ohio Dog Liability Act specifically made the acts of the dog itself the proximate cause of any injuries caused to a person, rather than the owner’s actions or failure to act, the court concluded that the relevant exclusion applied to exclude coverage: "…there is no negligence or fault required as a legal basis for the dog’s liability. Accordingly, the [policy] exclusion for ‘animal attacks’ applies to this claim because the allegations against [plaintiff] simply do not site to any negligent or wrongful act of [defendant]."
Applying Nix and other rules of statutory interpretation, courts have allowed plaintiffs’ claims to survive defendant mainly in cases where a dog has a prior bite history.

Exceptions to Strict Liability

There are a few notable exceptions to the rule in strict liability for dog bites. First, much like what is required in the case of negligence, the victim must be legally present on the property at the time of the attack. While trespassing is often thought of as criminal behavior, it does not have to be. A dog owner may have another friend over, for example, and your friend may have "trespassed" unknowingly. Failing to do this one thing before letting your friend in may leave your friend ineligible for a dog bite injury case against the owner if the dog attacks. Likewise, a child chasing a ball into your backyard only to be attacked by the neighbor’s dog may open the door to a strict liability claim even when the neighbor’s fence was left open.
Second, even victims of strict liability dog bite attacks cannot recover compensation if they provoked the dog. What constitutes provocation varies from one case to the next, but deliberately kicking, hitting, or rough-housing with a dog could easily qualify. Things get more complicated when the victim and the defendant each allege the other as the aggressor. In some cases, the dog suddenly reacts to something the victim does by biting them, but not with malicious intent. The defendant argues that the dog didn’t have a history of aggression. In response, the victim argues that the defendant left an exposed electrical outlet nearby and the dog mistook it for a toy, which is considered provocation. In any case, the court would likely appoint a psychologist and an animal behaviorist to determine who was at fault.

What to Do After a Dog Bite

Your initial actions after being bitten can be critical for both your health and any potential legal claims. Understanding the steps you should take can help you deal with the many issues that come after a dog attack. The bite victim’s first priority after being hit by a dog should be to assess whether they need emergency medical care. A quick call to 911 or a trip to the nearest emergency room can help you determine if you have suffered serious injuries that require immediate attention, such as broken bones or damage to your nervous system or internal organs. For less serious injuries, such as scratches, bruises or deep abrasions, you may be able to care for yourself at home unless there is a concern that the injury could become infected. Even if you think your injury is not serious enough to require a trip to the hospital, it is advisable to see your primary care physician as soon as possible. Even if your injuries do not require emergency attention, it is still important that you get professional medical attention. Doing so will ensure that you get the appropriate treatment for your injuries and create documentation of your injury that may be useful later on. If you are bitten by a dog or otherwise injured, you should also take immediate steps to track down the animal’s owner and get their contact information. You may even be able to find out this information at the hospital if the bite occurred in a public place. You should also try to find out the animal’s vaccination status, as you then can use that information to determine the appropriate course of action. In some cases, the dog owner may deny the animal’s involvement when confronted. You should then contact the local animal control agency. They can assist in obtaining confirmation about the dog’s involvement. If you cannot locate the owner of the dog at all, the police may be able to assist you in finding them. Once you have medical care and have located the animal’s owner, you should contact your insurance company to file a claim for the relevant expenses. It is important to stay timely in filing a claim, as your insurance company may have strict limits for how long you have to present a claim after an incident. After you receive the medical care you need, it is important to seek legal assistance as soon as possible. Even if you do not believe you have sufficient evidence to make a claim, meeting with an attorney can still be beneficial, as your initial meeting will be free and provide you with crucial advice on how to proceed.

Dog Bite Law and Your Rights

When it comes to protecting the legal rights of dog bite victims in Massachusetts, the law can feel unclear for victims and their families. We have chosen to focus on this area of the law in this guide, to help lost Massachusetts dog bite victims understand their legal rights and how to defend them.
Victims have the ability to pursue a dog bite lawsuit in Massachusetts by first proving that either the owner or the keeper of the animal was negligent in controlling and supervising the dog. As part of the initial burden of proving negligence, dog bite victims must show that the injuries they sustained were due to owner negligence. Then, victims have to prove that they sustained damages as a result of the dog bite.
Massachusetts has a history of allowing victims that can prove the negligence of the animal owner’s insurance carrier to receive both economic and non-economic damages in the case of a dog bite or attack. The damages victims can expect to be awarded in these cases include medical bills, pain and suffering, emotional trauma, scarring, permanent disability, long-term rehabilitation requirements and other factors that will impact the victim’s ability to live a normal, functional life.
By pursuing a dog bite claim , victims can receive compensation for the above-mentioned damages as well as permanent loss of capacity to enjoy life. These are all damages that can add up to the thousands of dollars each year, which must be addressed by the dog owner’s insurance if a claim is pursued.
It is important for dog bite victims to realize that filing a Massachusetts dog bite claim will also require them to prove the financial status of the dog owner and the dog keeper. This is important because the insurance company and the dog owner have the right to defend the case against the victim by contributing a lack of funds on behalf of the dog owner. This is where the victim will have the burden of proving that the dog owner and keeper are capable of compensating them for the damages that they sustained through the available insurance coverage.
Furthermore, it is important to know that the dog owner may still be held responsible even if the dog is allowed to run free, without a leash or restraint. However, the owners of dogs may not be held responsible if the victim was not bitten but was instead injured by a dog barking in a threatening manner or by running towards them, or if the victim was aware of the animal being vicious and knew what the dog might do.

Reporting Dog Bites and the Role of Animal Control

When a dog bite occurs in Massachusetts, the injured party is encouraged to report the incident to local animal control officers or the police department. In some municipalities, dog bites must be formally reported to a local animal control officer, who will investigate the incident and determine whether to issue a quarantine order. Quarantine may be mandated by law or it may be voluntary. The purpose of the quarantine is to prevent any further contact between the dog and those with whom it interacted. This prevents the potential transmission of rabies and other diseases the dog may have been carrying (even if the dog is not known to have been acting strangely or aggressively). If the dog escapes from the custody of the owner or keeper, or the dog is otherwise uncooperative with protocols or procedures, the dog may be impounded for a period of time or indefinitely. The owner or keeper of the dog may also be quarantined. It is important to note that any dog bite, minor or substantial, can result in the initiation of the quarantine order. And failure to comply with an order may open the owner or keeper to a wide range of legal action from local law enforcement. Therefore, making a timely report when a dog is bitten is an important step in the efficient treatment of the injury and prevention of a potentially serious and prolonged situation that may require legal attention.

Finding a Dog Bite Lawyer

In the aftermath of a dog bite incident, an injured person may wish to consult with or hire a dog bite attorney who can provide advice and representation throughout the process. In situations where the injuries are relatively minor, the injured party may decide that it is not necessary to hire an attorney, which is perfectly acceptable. However, there are some cases in which hiring a dog bite lawyer is strongly recommended. Ferullo Law understands how difficult it can be after an injury and is here to help you navigate what will come next.
If the injured party is seeking compensation from the dog’s owner or a third party, a dog bite lawyer will work on the client’s behalf to file the necessary paperwork and pursue the claim. In order to do this, however, the victim must provide details about the accident and the injury that occurred. Keeping details like a written explanation of what happened or a recorded video description are helpful for the lawyer to assist in the claim process. If information is missing, the attorney can help obtain any police reports, medical records, or other documents and details necessary to start building the case.
In some cases, the dog bite injury has resulted in serious injury or a life-altering injury . Individuals who have suffered from these types of injuries will need to have a dedicated dog bite attorney on their side who can help them seek the maximum amount of damages available for their injuries. Even if the injured individual’s family or friends are familiar with the law and able to help with the case, it is beneficial to have an experienced dog bite lawyer available to negotiate with insurance companies and handle the legal aspects of the claim.
If the injured party is seeking compensation from the dog owner’s insurance company, the dog bite attorney can even help the client negotiate a settlement. They can also assist in conversations with the insurance carrier to ensure that fair compensation is being offered by the insurance company. If an agreed amount cannot be reached, the lawyer will take further action with an approach that will benefit the injured victim the most.
When consulting with or hiring a dog bite lawyer, consider the experience and specialization of the lawyer. Finding a dog bite attorney with extensive knowledge of Massachusetts state law surrounding dog bites can make a difference in the outcome of the case. In addition to the type of experience, lawyers can often provide statistics about their past successes and failures that can be used as a reference when choosing the right dog bite attorney.