Massachusetts Dog Bite Laws

According to the Centers for Disease Control and Prevention, over 4.5 million incidents of dog bites are documented per year in the country, making it a widespread occurrence. In Boston, Massachusetts alone, there are over 300 cases reported annually. On another note, insurance companies in the state received 430 insurance claims involving dog bites in 2020.

The report also revealed that the majority of dog bite victims are children 12 years old and younger. Most incidents also involve a dog familiar to the victim, such as a family pet. 

Aside from the serious risk of rabies and infection, dog bites may lead to substantial damage like pain and suffering due to severe scarring and trauma, while victims who belong to the workforce face reduced earning capacity due to physical impairment.

This article aims to inform you of Massachusetts’ dog bite laws to help you take appropriate steps if you or a loved one becomes a victim of a dog attack. It addresses the strict liability of dog owners, the legal options of child victims, and the appropriate channels to report a dog attack.

Dog Owner Responsibilities in Massachusetts

Plaintiffs in dog bite lawsuits must prove that the defendant is the owner or the person responsible for the dog when the bite happened. In Massachusetts, ownership can be easily established by looking at the dog’s license details. 

However, if the dog owner was recently divorced, the license may not be enough to prove ownership. Family Court may shift ownership of a pet to someone else if there is an incident of abuse or a change of living conditions with the licensed owner. 

To protect the safety of both citizens and dogs, the state has several laws prescribing specific responsibilities for dog owners:

Some states have legislation that requires additional responsibilities for owners of specific dog breeds, like pit bulls. Massachusetts General Laws Section 157, however, prohibits the implementation of any breed-specific rules throughout the state. 

Should a dog cause a nuisance, like prolonged or frequent barking or threatening behavior towards people and other animals, residents may file a complaint with the town or city council. 

Strict Liability Standards in Massachusetts Dog Bite Cases

Massachusetts General Laws impose strict liability standards when it comes to dog bites. This means that the dog owner is automatically liable for any damage or injury their pet causes, regardless of whether the dog has a history of aggression or if they knew or did not know of their dog’s dangerous propensity. 

The owner is also responsible for any damage caused, even if they took reasonable care to protect others. If the dog owner is a minor, the civil liability falls on the minor’s parent or guardian. 

Dog Owner Defenses

Section 155 also provides three exceptions to the strict liability standard that dog owners can use as a defense:

• Provocation.

• Trespass.

• Commission of a tort/crime.

The owner may not be liable for damages if the dog bite resulted from the victim tormenting, abusing, or teasing the dog. Those trespassing or committing a crime when they got bitten may also be barred from seeking damages. 

If the victim is under 7 years old during the incident, the law assumes that they are not trespassing, provoking the dog, or committing a tort or crime. So, if a toddler wanders into the neighbor’s private backyard and gets bitten by their dog, the neighbor will still be liable for the damages. 

Can You Sue for a Police Dog Bite?

Generally, public employees have immunity against liability when performing official functions. However, a police dog bite victim can sue the police unit if the injury resulted from unreasonable conduct, like the use of excessive force or dog training negligence. 

In 2017, the Massachusetts Appeals Court allowed a pedestrian who was attacked by a police dog by mistake to sue the State Police. The K-9 handler released the dog in a moderately occupied public parking lot with an order to pursue a criminal suspect. 

It is crucial to seek legal counsel if a police dog has attacked you, as the process of suing the police has different requirements than suing a private individual.

Statute of Limitations in Massachusetts for Dog Bite Cases

Massachusetts dog bite cases are under personal injury law. A plaintiff must file within three years of the injury occurring. If you do not file your case within the deadline, your case may be dismissed, and you will not be able to pursue compensation in court. 

Note that the statute of limitations does not have the same deadline for filing a claim with the dog owner or your insurance company. Please check with the insurer about their specific claim filing deadline. 

Civil Penalties for Dog Bites in Massachusetts

Unless one of the defenses mentioned above is upheld, the dog owner will be required to pay for the bite victim’s civil damages. These include economic damages like medical costs, lost income, and repair costs for damaged property; and non-economic damages like pain and suffering. 

If the owner has liability coverage, they can file a claim with their insurer to pay for these damages. Liability coverage is usually included in homeowners’ and renters’ insurance policies. Insurance payouts for dog bites average $30,000-$50,000. Severe cases can lead to settlements worth hundreds of thousands of dollars. 

Sometimes, the victim and insurer fail to settle. The victim may then choose to file a lawsuit. 

The pet involved may also be declared a nuisance or dangerous dog, depending on the attack’s severity. The court may require the dog to complete an obedience class, be muzzled, spayed/neutered, or be insured for over $100,000. In extreme cases where the dog attack resulted in somebody’s death, the dog may be ordered to be euthanized. 

Criminal Penalties for Dog Bites in Massachusetts

If the owner or handler allowed the dog attack to happen on purpose or directed it, they may face criminal charges. 

In the case of Commonwealth v. Fettes (2005), the defendant was accused of causing his dog to attack the plaintiff by speaking “stern words” and unraveling the dog’s leash. The dog was previously well-behaved, and its leash was held tight by the defendant. Its sudden change of behavior occurred after the stern words were spoken. 

The defendant was found guilty of “assault and battery using a dangerous weapon.” Fettes basically used his dog as a weapon to cause harm to the plaintiff. Misdemeanor assault and battery can result in up to two and a half years in prison, while felony assault and battery carry a minimum three-year sentence. 

A dog owner may also get jail time if they violate an order regarding their nuisance or dangerous dog. For example, the owner may get up to 60 days of jail time for failing to insure their dangerous dog for $100,000 as court-ordered. 

Reporting and Handling Dog Bite Incidents

Here are some important steps to take immediately after a dog attack: 

1. Get to a safe place if the dog is at large. Call the police and let them locate the dog. 

2. Get medical attention even if the injury appears to be minor. Document the medical procedures and costs. 

3. Get the dog owner's contact details and the dog’s details, including breed, color and markings, and vaccinations. 

4. Take photos or videos of the injury, the location of the incident, and important details like the dog being off-leash. 

5. Look for witnesses and get their contact information. 

6. Report the incident to Animal Control.

7. Consult a local dog bite attorney about seeking compensation.

If you have been attacked by a dog, it is important to file a complaint with the city/town. This will kickstart a public hearing to decide if the dog should be tagged as a nuisance or dangerous dog. 

Massachusetts General Laws Chapter 112 Section 12Z also requires healthcare providers who are involved in the treatment of a dog bite to report the case to the city or town’s animal inspector or animal control officer within 24 hours. After the report, the dog will undergo a 10-day quarantine to be observed for rabies. 

How To Find a Dog Bite Attorney in Massachusetts

To get qualified legal counsel for a dog bite, you need to look for a personal injury attorney. It is best if the attorney is experienced in insurance claims and understands the local dog bite laws. 

You can get referrals from people you know, the Massachusetts Bar Association's lawyer directory, or online directories that list dog bite lawyers based on professional performance.

Even if you do not plan on suing, it is recommended to speak with an attorney soon after an attack and before talking to the insurance company. At the very least, the attorney can advise you on your legal rights and what to do and not to do to avoid jeopardizing your injury compensation. 

It is best to have a lawyer negotiate with the insurer on your behalf, as they will know how to navigate the insurer’s tactics to reduce your settlement. If you decide to sue, the attorney will manage the legal process, including gathering evidence, filing the case on time, and responding to the dog owner's defenses. 

Other Resources for Dog Bite Victims in Massachusetts

Doggone Safe

The nonprofit organization champions dog bite prevention by providing communities with educational programs and tool kits for safe human-dog interactions. It particularly focuses on child safety with its Be a Tree Program and its interactive Kids' Comprehensive Guide to Speaking Dog. The nonprofit also conducts certification programs for dog bite prevention educators. It can be reached at (347) 541-8122 or Rebekah@Doggonesafe.com.

MassLegalHelp

This online resource created by legal aid programs in Massachusetts provides practical legal information to residents. Information is available in multiple languages, including Russian, Vietnamese, Spanish, Chinese, and Haitian Creole. You can also talk to a law librarian from Monday to Friday through online video chat or text. 

Massachusetts Free Legal Answers

This website offers no-cost legal advice for low-income residents. It allows you to submit questions regarding civil matters, which will be responded to by pro bono licensed lawyers via email. Note that the lawyers will not be providing representation, only answers. Before submitting questions, you need to register first and see if your income qualifies.