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Dog Bite Injuries in Massachusetts - What You Should Know


 
What you should know about injuries caused by dogs in Massachusetts

By Joseph F. De Leo, Esq.


Recently in the news there have been a number of stories reporting dogs biting and attacking people, especially children, sometimes resulting in serious and disfiguring injuries.  In some cases, these injuries are so severe that they require multiple sutures, repeated hospital visits and even plastic surgery to avoid permanent scarring often with mixed results.  Should you or a loved one suffer such an injury it is important that you know that you have a right to file a claim to compensate you for the expensive medical bills, disfigurement, and pain and suffering you have incurred from a dog bite.  As an attorney who has handled numerous claims involving attacks by dogs, I would like to share with you what Massachusetts law says about these types of injuries and what you should do if you or someone you care about should unfortunately suffer a dog bite or attack. 

First of all, Massachusetts law is clear that if a dog bites or “does any damage to either body or property of another person, the owner or keeper…shall be liable for such damage” unless the person injured “was committing a trespass or other tort, or was teasing, tormenting or abusing such dog” If a minor under the age of seven is injured by a dog it is presumed he was not trespassing nor teasing, tormenting or abusing the dog in question and the burden of proof to prove otherwise is placed upon the dog owner or keeper.  Mass. Gen. Laws. Ch. 140, section 155

What this means is that the owner or keeper of a dog is strictly liable for the dog’s actions unless the person injured was committing one of the acts listed above, namely, teasing, tormenting or abusing the dog or unless the injured person was trespassing on the owner or keeper’s property at the time of the injury.  Unlike other types of injury claims such as automobile accidents or slip and fall cases, there is no need to show that that another party, in this case the dog owner, was negligent in any way.  The mere fact that the dog injured you without any of the above-mentioned exceptions is enough for the owner or keeper to liable for your injuries.

As mentioned injuries caused by dog bites can be very traumatic.  Scars can remain for a lifetime and a plastic surgeon cannot always remove the scarring completely.  A person with such a disfigurement often feels embarrassed and self conscious about these scars especially if they are on a part of the body that is usually exposed.  In addition, medical bills for treatment arising out of a dog bite can quickly add up, especially if plastic surgery even if just an office procedure, is required.  These are all elements of a potential claim that may be awarded compensation.

If you have suffered a dog bite injury it is important that you seek medical attention immediately.  In addition, a plastic surgeon should be consulted in certain cases as soon as possible to determine if anything more can be done to prevent permanent scarring.  It is also necessary to determine the identity of the dog and its owner or keeper right away.  This is key not only in order to file any future claim against the dog owner or his insurer but also because under Massachusetts law, your medical provider must report the incident within twenty four hours to the inspector of animals of the city or town where such a dog bite occurred. Your medical provider will want to know if the dog in question has had all its vaccinations and the town will need to make a determination as to whether the dog is a danger to the community perhaps requiring that other measures be taken.  Mass. Gen. Laws Ch. 112, section 12z, Ch. 140, section 157

Finally it would be beneficial to consult an attorney experienced in these matters in order to understand your legal options.  If you have any questions about dog bites or attacks my office is always available to answer your questions and provide a free consultation.


Attorney Joseph F. De Leo is an attorney with over twenty eight years experience handling personal injury claims serving the entire greater Boston area.
http://www.deleolaw.com
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Location: Cambridge, MA, USA

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