If you are injured by a dog that attacked or bit you in Massachusetts and you haven’t done anything to make the dog attack or bite you, you have a right to be compensated for your injuries. In fact, the law in Massachusetts allows for strict liability under Massachusetts General Law Chapter 140, Section 155.
What does strict liability mean? When you are in a car accident, for example, there is always an inquiry as to the fault of each party based upon laws and regulations which govern that determination. Strict liability takes the inquiry out of the equation. In other words, if you are attacked and injured or bitten and injured by an unprovoked dog, it is automatically the dog owner’s or dog keeper’s responsibility.
The owner or keeper (person in control of the dog at the time of the incident) can access their homeowner’s insurance policy to cover the claim. The only defenses available to that person are that you trespassed on the property, or teased, abused or tormented the dog in such a way as to provoke its attack.
If your child is under 7 years old and injured after being bitten or attacked by a dog, it is presumed that your child was not committing a trespass nor teasing, tormenting or abusing the dog.
The value of the case will include physical and/or psychological injuries; and permanent scarring, if present, will enhance the value of the claim. Your treatment, medical bills, lost wages, total disability period where you were unable to work, partial disability period where you could work, but had limitations and symptoms continuing, functional loss and loss of enjoyment of life would all be considered for value just like any other accident.
People mistakenly believe that the dog must actually bite them to have a claim. If a dog attacks you and causes you to fall or injure yourself in another manner, the law still allows you to pursue an action against the owner or keeper of the dog.
If you have been injured by a dog attack, let us help you obtain the compensation you deserve by law.