A dog bite can happen in a second, and the aftermath can last a lot longer. You may be dealing with puncture wounds, an emergency room visit, stitches, or scarring, all while wondering who is responsible for the bills. If you are looking into dog bite injury claims in Massachusetts, there is one thing you should know up front: state law is on the side of the person who was bitten far more often than most people expect. Understanding how owner liability works can help you protect yourself and your recovery.
Massachusetts Is a Strict Liability State for Dog Bites
Many people assume a dog gets “one free bite,” meaning an owner is only responsible if the dog had bitten someone before. That is not the law in Massachusetts. Under MGL c.140 §155, a dog owner (or keeper) is held strictly liable when their dog causes injury. Strict liability means the injured person generally does not have to prove the owner was careless or knew the dog was dangerous. The fact that the dog caused the harm is usually enough.
The statute applies to more than just bites. It covers injury to a person or to property caused by the dog, which can include being knocked down and hurt when a dog jumps or charges. This is a meaningful protection, and it is one reason dog bite cases in Massachusetts often resolve differently than they would in states that require proof of prior aggression.
The Two Exceptions Every Injured Person Should Know
Strict liability is broad, but the statute contains two limited exceptions. An owner is not automatically responsible if, at the time of the injury, the injured person was doing one of the following:
- Trespassing or otherwise committing a trespass or other tort on the owner’s property
- Teasing, tormenting, or abusing the dog
There is also a built-in protection for children. Massachusetts law presumes that a child under the age of seven who is bitten was not trespassing, teasing, tormenting, or abusing the dog. That presumption shifts the burden onto the dog owner to prove otherwise, which is often difficult. For families whose young child has been hurt, this is an important safeguard.
What You Can Recover After a Dog Bite
Dog bite injuries are frequently more serious than they first appear, especially puncture wounds that carry a real risk of infection and facial injuries that can lead to permanent scarring. Depending on the circumstances, an injured person may be able to pursue compensation for:
- Medical expenses, including emergency care, wound treatment, antibiotics, and any reconstructive or plastic surgery
- Lost wages if the injury kept you out of work
- Pain and suffering, including the physical pain and emotional distress that often follow an attack
- Future medical costs when scarring, nerve damage, or other lasting effects require ongoing care
Children in particular can experience lasting emotional effects after a dog attack, and those effects are a legitimate part of a claim. Every situation is different, so the value of any individual case depends on the specific facts and the severity of the injuries.
Steps to Take After a Dog Bite in Massachusetts
What you do in the hours and days after a bite can make a real difference to both your health and any future claim. As a general guide:
- Get medical attention promptly, even for a wound that looks minor, because dog bites carry a high infection risk
- Identify the dog and its owner, and get their contact information if you can do so safely
- Report the bite to your local animal control or board of health, which also helps confirm the dog’s rabies vaccination status
- Take photographs of your injuries and the location where the bite happened
- Write down what happened while it is fresh, including any witnesses
Massachusetts sets a three-year deadline, known as the statute of limitations, for most personal injury claims, including dog bites. That may sound like plenty of time, but evidence and witness memories fade quickly, so it is usually best not to wait.
Who Can Be Held Responsible
The statute places responsibility on the dog’s “owner or keeper.” That wording is broader than it first sounds. The owner is the obvious party, but a keeper can be someone who was in control of the dog at the time, such as a dog walker, a pet sitter, or a household member who had charge of the animal. In some situations, more than one person may share responsibility.
This matters because it can affect which insurance policy responds to your claim. A bite at the owner’s home is often covered by their homeowner or renter insurance, while a bite that happens while someone else was caring for the dog can involve a different policy altogether. Sorting out who was responsible and which coverage applies is one of the first things worth doing after a serious bite.
How a Personal Injury Attorney Can Help
Even in a strict liability state, dog bite claims are rarely as simple as sending a bill to the owner. Homeowner or renter insurance policies often cover these injuries, and insurers may still dispute how the bite happened, argue that an exception applies, or push a quick settlement before the full extent of your injuries is known. Our personal injury attorneys at Zaheer Law Group help injured people in Lynnfield and across Greater Boston document their injuries, deal with insurance companies, and pursue fair compensation. Attorney Jay Zaheer began his career handling personal injury litigation and brings more than a decade of experience to these cases.
Talk to a Massachusetts Dog Bite Lawyer
If you or your child was bitten by a dog, you do not have to sort out the law on your own. We can walk you through your options clearly and without pressure. Schedule your free 15-minute consultation with Zaheer Law Group today, or call (978) 301-6100 to speak with an attorney who will actually pick up. No pressure, just answers.
This article is for informational purposes only and does not constitute legal advice. Contact an attorney for guidance specific to your situation.