Massachusetts Dog Bite Lawyer

Yes, in most circumstances. Massachusetts General Laws Chapter 140, § 155 imposes strict liability on dog owners for injuries caused by their dogs — you do not need to show the owner was negligent or that the dog had ever been aggressive before. As long as you did not provoke the dog, were not trespassing, and were not committing another wrongful act, the owner is liable.

Under Massachusetts’s strict liability law, it does not matter if the dog had a spotless history. The owner is liable for the first bite just as they would be for a subsequent one. You do not need to prove the owner had any prior knowledge of the dog’s dangerous tendencies. This is a significant advantage over the “one bite rule” that applies in some other states.

Seek medical attention immediately — dog bites carry a serious risk of infection and should be properly cleaned and treated. Document your injuries with photographs. Report the bite to your local animal control officer and ask for an incident report. Get the dog owner’s name, address, and homeowner’s or renter’s insurance information. Do not give a recorded statement to any insurance company before consulting an attorney.

In most Massachusetts dog bite cases, you have three years from the date of the attack to file a lawsuit. However, if the victim was a minor at the time of the attack, the statute of limitations may be tolled (paused) until the child turns 18, giving them additional time to file. Contact an attorney as soon as possible to ensure your rights are protected.

Disclaimer: Statute of limitations rules can vary significantly by state, jurisdiction, and the specific type of claim. The information above is general in nature. Please consult a qualified attorney for advice specific to your situation.

Provocation is a defense under Massachusetts dog bite law — but what counts as provocation is a legal question, not just whatever the owner claims. Accidentally startling a dog, making eye contact, or reaching toward a dog generally does not rise to the level of legal provocation. Children who engage in normal childlike behavior are rarely found to have provoked a dog in the legal sense. Our attorneys defend against provocation claims aggressively.

Most Massachusetts homeowner’s and renter’s insurance policies include liability coverage for dog bite claims. This is typically the primary source of compensation in a dog bite case. Our attorneys handle all communications with the dog owner’s insurer, identify the applicable coverage, and negotiate for the full compensation you are owed. If the owner has no insurance, other options may be available.

Children are the most common victims of serious dog attacks. If your child was bitten, they have the same right to full compensation including medical expenses, pain and suffering, scarring and disfigurement, and emotional distress. In Massachusetts, a minor’s personal injury claim must typically be approved by the court (probate court for settlements over a certain threshold) to ensure the child’s interests are properly protected. We guide families through this process.

Being on the owner’s property is only a defense if you were trespassing without permission. If you were invited onto the property — or were lawfully present for any purpose, such as a mail carrier, delivery driver, or invited guest — you have the same rights as any other bite victim. The location of the attack generally does not bar your claim as long as you were lawfully present.