If you are dealing with injuries caused by a dog bite or attack in Massachusetts requiring medical attention, you are likely eligible for compensation. But who’s responsible for a dog bite in the Bay State? Under the law, dog owners, in most cases, can be held liable if their dog has bitten or mauled someone, regardless of the animal’s history or the owner’s actions. The person who files a dog bite lawsuit does not have to prove that the dog owner or keeper was negligent or knew the dog was dangerous.

As a Massachusetts dog bite law firm, the Earley Law Group is fully committed to recovering full compensation for clients injured in dog attacks. We understand how traumatic a serious dog bite can be for our clients, both physically and emotionally, but Massachusetts dog bite laws are on your side. Contact us today for more information and to schedule a free, no-obligation case review.

Strict Liability

Massachusetts’s dog bite law is clear: with few exceptions, if a dog bites you, the dog’s owner is automatically liable to you. The law states: 

“If any dog shall do any damage to either the body or property of any person, the owner or keeper … shall be liable for such damage, unless such damage shall have [occurred to] a person who … was committing a trespass or other tort, or was teasing, tormenting or abusing such dog.” 

Many states operate under a “one bite” law, which allows dog owners to escape liability for a dog bite or attack if they can show that their dog had no history of aggressive behavior. Essentially, a first attack, or one bite, is forgiven. This is not the rule in Massachusetts.

In Massachusetts, a dog owner can be held liable the first time their dog hurts someone and after any subsequent attacks. The law also applies to a dog’s “keeper,” which would be anyone responsible for the dog at the time, such as a dog walker or sitter.

The injured party may seek compensation for their:

A personal injury lawyer from the Earley Law Group in Boston, MA, can help you recover the damages you are due after the trauma of a dog bite injury.

Exceptions to Strict Liability

Massachusetts law provides certain exceptions to the application of strict liability in a dog bite case. The exceptions pertain to:

Trespassing or Other Tort

A person who was trespassing when bitten by a dog would not have a valid claim. A claim would not be allowed if the person who was bitten was at the time doing something else that injured the dog owner, such as assaulting or harassing them, or breaking into their home.

Provocation

A person who was teasing, tormenting, or otherwise abusing a dog when bitten would not have a valid claim.

Minors

Children younger than 7 years old cannot be held responsible for trespassing or another tort or for mistreating a dog that has bitten them. A dog bite claim filed on the child’s behalf could move forward.

Public Service Dogs

If a police dog bites someone, the law enforcement officer handling the dog is not liable if any claim arises from the incident if the officer was caring for or maintaining the dog in connection with official duties. In such a case, a claim could be pursued against the state, city, or town that employed the officer.

Responsibilities of Dog Owners

Massachusetts requires dog owners to provide their animals proper food, water, shelter, veterinary care, and a sanitary environment. This includes protecting them from the weather (including not leaving them in a motor vehicle to be exposed to extreme heat or cold) and reducing or ending suffering from disease or injury. 

Dog owners must obtain a yearly license for their dog, and dogs that are 6 months old or older must also have a rabies vaccine and proof of current vaccinations. Failure to license a dog can result in a fine of “not less than $50.” Failure to obtain a rabies vaccine can result in a fine of “not more than $100.”

In 2014, Massachusetts enacted the PAWS (Protecting Animal Welfare and Safety) Act. Among its provisions for protecting animals, the law requires veterinarians in the state to report suspected animal abuse to law enforcement. Violating animal welfare laws can result in fines, penalties, or even imprisonment.

Leash laws are set by local ordinances and vary from town to town. In Boston, the law requires dogs to be on a leash when they are off the owner’s property. Violations are punishable with:

  • A warning on the first offense
  • A $50 fine on the second offense
  • A $60 fine on the third offense
  • A $100 fine thereafter

Legal Protections for Service Animals

The Massachusetts Service Animal Law limits the definition of service animal to a dog that assists an individual with a sensory and/or physical disability. Federal law, which takes precedence over state law, allows for a broader definition of service animals under the Americans with Disabilities Act (ADA).

The ADA service animal definition includes psychiatric service dogs that are trained to recognize and respond to psychiatric disability symptoms. For example, a dog that is trained to help an owner who has Post Traumatic Stress Disorder (PTSD) avoid environmental triggers for their disability symptoms would be considered a psychiatric service animal. 

Both Title II and Title III of the ADA provide people with disabilities who use a service animal the right to have that service animal accompany them where other members of the public may go as long as they keep the animal under control (except in the rare cases where doing so would require a fundamental change to the service/situation or be a direct threat to health and safety). Grocery stores, doctor’s offices, and restaurants are all considered places where the general public can go.

The Civil Rights Division of the Department of Justice (DOJ) has published Frequently Asked Questions on Service Animals, which provides more detailed information, including what “under control” means.

Service animals:

  • Are permitted to go wherever their handler is permitted to go
  • Must be under the handler’s control at all times; in most cases, this involves the use of a harness or leash
  • Must be housebroken
  • May not pose a legitimate, direct threat to health or safety
  • Are allowed even if others have fears of or allergies to dogs
  • Do not have to be allowed to sit on furniture meant for patrons, to eat from plates provided by a food service establishment, or to ride in shopping carts

If a service animal is not under control (for example it is barking repeatedly), staff may ask the owner to control their animal. If the owner does not successfully control their service animal, staff can require the owner to remove the service animal from the premises, although they must offer their services to the owner without the service animal present.

Massachusetts laws about service animals do not offer substantially different rights from federal laws, except that service animals in training may go anywhere fully trained service animals can go under the ADA (government programs and places of public accommodations), as long as they can meet the requirements to be housebroken, under control and not a threat.

Assistance animal owners in Massachusetts are not required to possess any special certification or identification. All dogs need to be registered with the local government, but there is no official registry of assistance animals.

Dangerous Dogs and Penalties for Owners

A person who a dog has attacked may seek to have the dog declared “dangerous.” Such a finding will include an order for any one of the following:

  • The dog is to be humanely restrained on the owner’s property, which does not mean tethered or otherwise tied to a tree, post, building, etc., or confined to the owner’s premises either indoors or outdoors in a securely enclosed and locked pen or dog run area.
  • If the dangerous dog is taken off of the owner’s property, it must be securely and humanely muzzled and restrained with a chain or other tethering device no more than 3 feet long and with a minimum tensile strength of 300 pounds.
  • The owner must provide proof of at least $100,000 worth of insurance against any claim, loss, damage, or injury to persons, domestic animals, or property caused by the dangerous dog.
  • The owner must provide the local animal control authority means to identify the dog, such as photographs, videos, tattooing or microchip implantations or a combination thereof.
  • The dog is to be neutered or spayed.
  • The dog is to be humanely euthanized.

When an animal control authority issues such an order, the dog owner may appeal it to the local district court, which has the final say in the matter. The court may impound the dog while hearing the case.

If the order is upheld, the owner will be prohibited from licensing a dog in Massachusetts for five years. If the order is dismissed, the dog will be returned, and the city or town shall pay all reasonable costs incurred for the housing and care of the dog during any impoundment.

Contact a Boston, MA, Dog Bite Lawyer Today

If you have been bitten or otherwise injured by a dog in Massachusetts, you may be able to recover compensation for your costs and losses, including your pain and suffering. Don’t count on the dog owner’s insurance company to simply cut you a check — or certainly not one that reflects all that you are owed.

Contact a Boston dog bite lawyer at the Earley Law Group for help. We aggressively pursue full and fair compensation for our clients, and we will not collect a legal fee unless we obtain compensation for you. Check our track record, and call us now!