Pursuing a Dog Bite Lawsuit

Although dogs are cherished members of the family in many households, they can also cause serious injuries when they bite people. If you or your loved one has been injured by a dog, scroll down for some information about how to pursue a dog bite lawsuit in Massachusetts.

The Dog Bite Statute

The dog bite statute is found in Massachusetts Gen. Laws Ch 140, § 155. Under this law, a dog’s owner is strictly liable when his or her dog bites another person in public places or on private property when the victim is lawfully present. The victim cannot have provoked the dog, committed another tort, or trespassed at the time of the attack. It does not matter whether the dog’s owner was aware of the dog’s propensity to bite before the incident.

Unlike some states, Massachusetts’ dog bite statute covers all injuries caused by dogs instead of being limited to bites. For example, if a dog jumps on an elderly person in a park and injures him or her by knocking the victim down, the victim could file a lawsuit under the state’s strict liability law.

Dog Bite Lawsuit Negligence Claims

Since the state’s statute imposes strict liability on dog owners, you can still file a dog bite lawsuit even if the dog’s owner took reasonable steps to secure the dog to prevent it from injuring others. However, if the owner was negligent and failed to take reasonable steps to prevent the dog from attacking others, you might also be able to include a negligence cause of action. Proving negligence requires you to present evidence showing that the dog’s owner owed you a duty of care but breached it. You must also show that the breach caused your injuries and losses.

Since the dog bite statute imposes strict liability on dog owners, most plaintiffs file claims under the statute instead of the state’s negligence laws. Proving negligence requires plaintiffs to prove an additional set of elements and can open up some additional potential defenses.

In addition to potential lawsuits, dog owners can also face criminal liability when their dog attacks others. This is especially true if the owner incited the attack or failed to keep the dog secured as required by law. Criminal cases are filed by criminal prosecutors and proceed in criminal court. Even if the dog’s owner is facing criminal charges, you still have the right to pursue compensation through a dog bite claim.

Defenses That Might Be Raised

Your attorney will review what happened to determine the potential defenses that might be raised in your case. The statutory defenses include provocation, trespassing, or committing another tort. For example, if you were bitten by a dog while trying to break into a house, you could not sue under the dog bite statute or the state’s negligence rules.

Similarly, if you did something to provoke the dog, you will not be able to pursue compensation for your losses. For example, if you teased the dog, poked it, or did something similar, the dog’s owner could defend against your claim. Committing another tort means engaging in a civil wrong. This might include doing things like committing a civil assault, theft, or something similar. If the dog attacked you while you were committing a tort, you could not recover damages for your losses caused by a dog bite.

Get Help from an Experienced Dog Bite Attorney

If you were seriously injured in a dog attack, contact the experienced lawyers at Ellis & Associates. Our attorneys can review your case and explain whether it has legal merits. If we agree to accept your case, we will help you pursue full compensation for your losses. Call us today to request a free case consultation at 800-MR-ELLIS.