Massachusetts Dog Bite Strict Liability Law Explained
Massachusetts General Laws Chapter 140, § 155 imposes strict liability on dog owners for injuries caused by their dogs. This means you do not need to prove the owner knew the dog was dangerous, had been warned about the dog, or was negligent in any way. If a dog bites or injures you – and you did not provoke it, were not trespassing, and were not committing a wrongful act – the owner is automatically liable for your damages. This is stronger protection than the “one bite rule” that exists in many other states.
What Counts as Provocation Under Massachusetts Law?
Provocation is the primary defense dog owners raise in bite cases. However, legal provocation is a higher bar than simply startling a dog or making eye contact. Accidentally reaching toward a dog, petting an unfamiliar dog gently, or engaging in normal behavior near a dog generally does not constitute legal provocation. Children who behave in normal childlike ways around dogs are rarely found to have provoked a dog in the legal sense. Our attorneys defend against provocation claims with evidence of what actually happened before the attack.
Who Pays for Dog Bite Injuries in Massachusetts?
Dog bite claims are typically paid through the dog owner’s homeowner’s insurance or renter’s insurance policy, which generally includes personal liability coverage. Most standard Massachusetts homeowner’s policies cover dog bite liability, though some insurers exclude certain breeds. Our attorneys identify the applicable insurance coverage and handle all communications with the insurer on your behalf so you can focus on recovery.
What Damages Can Dog Bite Victims Recover in Massachusetts?
Dog bite damages in Massachusetts include all medical expenses for wound care, surgery, and treatment; lost wages during recovery; permanent scarring and disfigurement – which can be significant especially in facial bites; emotional distress and PTSD, which are particularly significant for child victims; and pain and suffering. The strict liability rule means you do not have to prove the owner was negligent – just that the dog caused your injuries and you were lawfully present. If you or your child was bitten by a dog in Massachusetts, contact Larson Law for a free consultation about your rights.