In many states, a legal concept known as the “one-bite rule” protects dog owners from liability the first time their pet bites someone. If the owner had no reason to believe the dog was dangerous, they may receive more leniency in these states. However, Massachusetts operates under a different legal standard.
Massachusetts law generally makes a dog’s owner or keeper responsible when their dog causes injuries. Liability applies regardless of the dog’s prior behavior, meaning history does matter. If you are a victim of a dog bite in Massachusetts, here’s how you can protect yourself.
Strict liability standards
Because Massachusetts is a strict liability state, a dog’s history of good behavior does not shield an owner from basic liability. This is because Massachusetts is a strict liability state regarding dog bites and injuries.
State law M.G.L. c. 140, § 155 imposes strict liability on dog owners for injuries their animals cause. There is no “free first bite” rule; an owner is responsible even if their dog has never bitten anyone.
Key exceptions
However, there are important limits to Massachusetts’ strict liability rule. An owner or keeper may avoid liability if you were caught doing either of the following:
Trespassing: You were unlawfully on private property at the time of the bite
Provoking or teasing: You teased, tormented or abused the dog to cause it to react defensively
These defenses depend heavily on the facts and the age of the victim. For example, if the victim is a child under seven years old, the law presumes they were not trespassing or provoking the dog. This places the burden of proof directly on the owner
Protecting your claim
If you suffered from a dog bite injury, do not forget to document everything. Medical records, photographs and more can provide a foundation for your case. If you are considering pursuing a liability claim, consult with a legal professional who understands Massachusetts dog bite law. Legal counsel gives you the best chances of receiving fair compensation for medical bills, lost wages and pain and suffering.
