A dog attack can cause deep wounds, scarring, infection, and lasting emotional trauma, especially for children. Massachusetts has one of the most victim-friendly dog-bite laws in the country, holding owners strictly liable for the harm their dogs cause.
Massachusetts Strict Liability Dog-Bite Law
Under M.G.L. c. 140, § 155, a dog owner or keeper is strictly liable for injuries their dog causes, as long as the victim was not trespassing, committing another tort, or teasing, tormenting, or abusing the dog. Massachusetts does not follow a 'one-bite rule' — the owner is responsible even if the dog had never bitten anyone before and showed no prior signs of aggression.
This strict liability standard makes Massachusetts dog-bite claims more straightforward than in many states. The victim does not have to prove the owner was negligent; they only have to show the dog caused the injury and that the statutory exceptions do not apply.
Special Protections for Children
Massachusetts law presumes that a child under the age of seven who is bitten was not committing a provoking act, placing the burden on the defendant to prove otherwise. Because children are the most frequent and most seriously injured dog-bite victims — often suffering facial wounds and lasting scars — the law gives them additional protection.
Compensation and Insurance
Dog-bite claims are frequently covered by the owner's homeowners or renters insurance. A victim may recover medical expenses (including reconstructive surgery), lost wages, costs of scar treatment, and compensation for pain, suffering, disfigurement, and emotional distress. Documenting the injuries with photographs and prompt medical treatment is important, as is identifying the dog's owner and their insurance.
Frequently Asked Questions
No. Massachusetts imposes strict liability, so a dog owner is responsible for a bite even if the dog never bit anyone before.
Often the dog owner's homeowners or renters insurance covers dog-bite injuries.
Massachusetts law strongly protects children. A child under seven is presumed not to have provoked the dog, shifting the burden to the defendant.
Generally three years from the date of the bite under Massachusetts law. Claims involving minors may have extended deadlines.
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