Dogs often provide people with an abundance of love, laughter, and companionship. While these fuzzy bundles of joy may be man’s best friend, sometimes they can cross the line and cause harm to others — unintentional or otherwise. A dog bite is a serious matter and one you might want to consider taking action against.
Dog bites in Massachusetts can occur for a variety of reasons, but if you or your child have been bitten by another person’s dog, a Massachusetts dog bite lawyer from DiBella Law can help you sue to get the compensation you may be entitled to receive. Our team works hard to resolve your case quickly so you can cover the expenses you have incurred. We know that dog bites can be terrifying, and we are here to help you find a path forward.
Common Injuries Caused by Dog Bites
Dog bites can be frightening, traumatic events that can cause serious injury and distress to the victim, especially if you are facing the risk of rabies after a dog bite in Massachusetts. Whether a dog is trying to protect itself or is being aggressive, dog bite injuries are a difficult matter. Some common types of dog bite injuries include:
- Lacerations
- Bleeding and bruising
- Puncture wounds
- Infections
- Tetanus
- Nerve or tissue damage
- Broken bones
- Traumatic Brain Injury (TBI)
When a dog bite injury occurs, medical professionals are required to report the dog bite to officials, according to Massachusetts Law Chapter 112, General Law 12z. The report must be made within 24 hours of treating the injury. The report is then investigated by the inspector of animals or a dog officer.
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Massachusetts Dog Bite Laws
When it comes to dog bites in Massachusetts, state law takes a strict liability approach. According to Chapter 140, General Law 155, if a dog causes injury or damage to a person or property, the owner is held liable for the dog’s action. If the owner is a child, then their parent or legal guardian is responsible instead. However, there are some exceptions where a dog owner may not be held liable for the injuries caused to another person, which include the victim engaging in the following behaviors:
- Trespassing
- Teasing
- Tormenting
- Abusing
Additionally, a child under the age of seven is too young to be held responsible and is therefore exempt from liability. In that case, the parents take on sole liability for the damage that was caused. A personal injury lawyer will listen to the details of your case and determine if you are able to sue for the injury caused by a dog.
Reporting Process for Dog Bites in Massachusetts
If a dog has caused harm to another person, an injured party or medical professional may report the dog bite incident. When that happens, local law enforcement and authorities will investigate the situation and determine what actions should be taken. Based on the situation, a few outcomes may be possible, including having the case dismissed.
A step up from a dismissal is having the dog declared as a nuisance by local authorities. A dog is a nuisance if the attack or threat was reasonably proportional given the specifics of the incidence. An owner of a dog who is a nuisance must find a way to curb the behavior and/or attend obedience training with their dog.
At the opposite end of the spectrum is a dog who has been declared dangerous. In this situation, an attack occurred without instigation of any kind. The owner of a dangerous dog may be required to exercise greater control and restrictions over their dog, increase insurance coverage amounts, be easily identifiable, and sometimes euthanize as a last resort.
Appeal Process for a Dog Bite Decision
If an owner disagrees with the decision made regarding their dog, they have the right to an appeal under Massachusetts Uniform Magistrate Rule 5: Petitions for review of dog orders. Owners must make their appeal within 10 days of the decision, and the hearing will take place shortly thereafter. Owners must pay the filing fee for the claim in the court that is most applicable to their location.
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Legal Process for Pursuing a Dog Bite Claim
In Chapter 140, General Law 165 reports that dog bites will be investigated by local authorities. If it is established that there is sufficient evidence and the owner is able to satisfy the judgment, action may be taken against the owner. Settlements prior to action being taken are also a viable option for recovering damages.
A dog owner is completely liable for any injuries you sustain from their dog biting you. A court will hear the case and determine how to classify the dog’s behavior. In the event that a dog is considered to be both dangerous and has caused harm, the owner is responsible for paying three times the amount of damages, according to Chapter 140, General Law 159.
Additionally, due to the strict liability approach expressed in Massachusetts’ state law, proving negligence is not necessary when suing for a dog bite. However, a negligence claim can still be made in addition to the strict liability rules in some circumstances. If your injuries are the result of someone else failing to ensure proper restraint of their pet, then you could reasonably file a claim to seek additional compensation.
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Recover Your Losses Quickly with a Dog Bite Lawyer
At DiBella Law, we understand that dog bites cause you more than just physical injury. When you’ve been hurt and had your peace of mind shattered, a personal injury lawyer can be your best asset for seeking justice and figuring out how to navigate the legal process. Our team develops the best strategy for your situation and helps you sue for a dog bite.
We are committed to getting you the resources you need to recover your losses in a timely manner. Our personal injury lawyers take your case personally and work to see that you receive reparations for your wounds. Our case results speak for themselves. Schedule a free consultation today and see what we can do for you.
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