In many instances, the owner of a dog is responsible for injuries caused by the animal. There are exceptions, however, so it is important to get help with your claim from a qualified personal injury attorney.
Massachusetts has a statute that handles dog-related injuries, which holds the owner or handler of the dog responsible for injuries that were caused, provided that the victim was not trespassing, committing another tort, or provoking the dog.

• Fall injuries from being knocked down
• Scratches or cuts
• Fractures
• Facial injuries
• Puncture wounds

Under Massachusetts dog bite laws, property damage is also the responsibility of the owner or handler. Injured livestock or other pets, broken fences, and chewed personal items may also be protected by these statutes.

In Massachusetts, dog bites are considered to be strict liability. This means that the dog owner is still responsible for the injuries caused by their dog, even if they had no prior knowledge that the dog may bite or cause injury. The victim of a dog bite does not need to prove that the owner was negligent or responsible for the injury, only that the dog that caused the injury belonged to them.

It is not necessary to prove that the owner had prior knowledge that the dog may have been dangerous, but it may support your case if you are able to prove that. There is a reasonable risk when it comes to animals. Even the best behaved dogs can bite when scared or injured, and animals can behave unpredictably. But certain factors can increase the risk of a dog attack or injury. These can include: 

• Threatening behavior: Growling, lunging, baring teeth, barking aggressively, chasing people, and other behaviors can be indications of an aggressive animal.
• Jumping: Even friendly dogs may jump and cause injury, but jumping can also signal behavioral or training issues.
• Dog fighting or protective training: It is illegal to train a dog to fight in Massachusetts, but some dogs are illegally trained. Dogs that have been trained for guarding or personal protection may also attack.
• Complaints about prior behaviors: Dogs with prior complaints regarding their behavior often do attack or injure people.
• Dangerous breeds: Any breed of dog can become dangerous, but specific breeds have a higher risk than others. Commonly, breeds such as pit bulls, German Shepherds, Doberman Pinschers, Rottweilers, and other breeds that have been bred for defense are considered “dangerous breeds.”

The ownership or keepership of the dog must be established in order to hold the owner responsible. Often, owners or keepers will identify themselves, but if they do not, there may be other ways to locate the owner of the animal. Registration forms, microchip registration information, and veterinary records may be used to identify the animal’s owner.

Keepership can be more difficult to prove. Keepership is temporary possession of the animal for the purpose of providing some form of care, such a boarder, veterinary employee, or a groomer. Keepers of the animal are responsible for its behavior until the owner resumes custody and control again. Records from professionals such as veterinarians, groomers, or other animal care professionals may be used to prove that the dog was entrusted to their care at the time of the injury.

Medical records can be used as evidence of your injuries. Ambulance bills, imaging results, doctor’s notes, and other records can demonstrate the severity of your injuries. Police reports may be used to support your testimony as well.

Compassionate Legal Support From Medford Dog Bite Attorneys – (617) 245-8090

At Brooks Law, we understand the stress and frustration that can occur when you are faced with a personal injury claim. Our team is dedicated to helping our clients through this difficult time, and we will work tirelessly to help our clients understand their case and answer their questions. We are proud to offer our clients personalized, unique solutions for their legal needs. Our Medford personal injury lawyers also offer services in Portuguese and Spanish.