Dog Bites:
The Law And What To Do

Personal injuries related to dog bites are on the increase and, unfortunately, many victims suffer very serious injuries.

If you or a family member are attacked by a dog, you should take the following action:

• Contact emergency medical professionals
• Seek additional medical treatment for your injuries and to determine whether you need a rabies shot
• Obtain the name and address of the owner or keeper of the dog
• If possible obtain photographs of the injuries you sustained, the place of the attack and the address of the dog’s owner or keeper
• Obtain the name and address of any witnesses

Here is some important information about Massachusetts law concerning dogs and dog bites:

Licenses: The owner or keeper of a dog shall cause it to be registered, numbered, described and licensed. This information shall be recorded in the office of the clerk of the city or town where the dog is kept.

Vaccination: The owner or keeper of a dog is required to cause the dog to be vaccinated and a tag shall be issued to the owner with a certificate of the vaccination.

Liability: In Massachusetts, owners or keepers of dogs are strictly liable for injuries caused to either the body or property of a person. You need not prove negligence in dog bite cases.

However, the conduct of the dog is defensible if the injured person was committing a trespass or other tort, or was teasing, tormenting or abusing the dog when he was injured. Children under the age of 7 are presumed to have not engaged in such conduct.

Vicious dogs: You can bring a complaint in writing to the town/city where the dog is kept alleging viciousness or other disturbance. The complaint will be investigated by the town/city and an order may issue concerning the restraint or disposal of the dog. This order may be appealed by the owner.

Treble Damages: If an order to restrain the dog was in effect when the dog attacked, you may be entitled to treble (triple) the amount of damages you sustained.

Most personal injuries related to dog bites can be minimized or averted by taking following precautions:

• Properly educate dog owners before the owner gets the dog – they should take courses on safely keeping a dog
• Control of animals at both the community and state levels – the community and the government both should take an active part in controlling stray dogs and dogs that exhibit a tendency to bite
• It should be mandatory to publish a report on dog bites – a report should be compiled and circulated in the appropriate neighborhood, giving details of the dog bite incident, the owner, and address

You should contact an experienced Massachusetts personal injury lawyer to represent you in your personal injury claim for a dog bite. An experienced personal injury attorney will work to obtain information about the attack and the dog including: police records, dog officer records, veterinarian/animal hospital records, the name and address of the owner or keeper of the dog, the registration of the dog, and whether the dog had a history of violent behavior.

Experienced personal injury attorneys are better equipped to process, evaluate, settle, and litigate your claim and to achieve fair and just compensation for personal injuries related to dog bites.