{"id":373963,"date":"2019-05-22T13:09:13","date_gmt":"2019-05-22T18:09:13","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/massachusetts-law\/massachusetts-dog-bite-laws.html"},"modified":"2024-05-18T23:31:42","modified_gmt":"2024-05-19T04:31:42","slug":"massachusetts-dog-bite-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/massachusetts-law\/massachusetts-dog-bite-laws.html","title":{"rendered":"Massachusetts Dog Bite Laws"},"content":{"rendered":"\n
\n \n
\n

Massachusetts Dog Bite Laws<\/h1>\n
\n
\n By Kit Yona, M.A.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Dogs are as much a part of Massachusetts as Cape Cod, the Boston Red Sox, and clam chowder. However, there is no escaping the truth that sometimes dogs will attack people and cause someone to suffer a personal injury or worse. <\/p>\r\n

Most people will never be dog bite victims, but for those who are, it can be a difficult incident marked by medical bills and pain and suffering. It can also be stressful if you are a dog owner and your beloved family pet is accused of a dog attack.<\/p>\r\n

This article will summarize Massachusetts dog bite laws<\/u><\/a>, which also cover nonbite injuries, to help you understand what may happen after a dog bite incident. We’ll touch on liability, classifications for certain dogs, how injury claims may work, and much more.<\/p>\r\n

Massachusetts Dog Bite Law Basics<\/b><\/h2>\r\n

Given how lovable most dogs are, it may be difficult to believe that over 4.5 million people in the United States<\/a> suffer a dog bite every year. It’s a fact, though, and almost 20% of them receive medical attention. Even the sweetest dogs can be set off by something that triggers an aggressive response.<\/p>\r\n

According to Massachusetts dog bite laws<\/a>, the owner is responsible if the action of their dog injures a person or if the dog causes property damage. There are some instances where this can be challenged, such as if the dog was provoked or the injured person was trespassing.<\/p>\r\n

Some states have a "one-bite rule<\/a>," which states that the owner doesn’t have to consider their dog a threat until they have at least one bite on their record. Massachusetts does not use the one-bite rule. Owners must consider their dog(s) a potential threat regardless of whether they’ve bitten anyone.<\/p>\r\n

Dog Bite Claims: Liability and Negligence<\/b><\/h2>\r\n

Massachusetts is a strict liability<\/a> state regarding dog bites and any other injury caused by a dog. This means you don’t have to prove the owner or keeper was negligent<\/u><\/a> in their handling (or mishandling) of the animal. You only have to prove that you were injured.<\/p>\r\n

With dog bite cases, there’s a good chance the injury claims will be covered by the dog owner’s homeowner’s insurance. The insurance company might resist paying the claim if the victim was trespassing on the owner’s property, provoked the dog, or committed another tort that led to the injury. However, if the victim is a child under 7, the fault will always be on the owner for the dog’s actions.<\/p>\r\n

What Happens After a Dog Attack?<\/b><\/h2>\r\n

If you’ve suffered a dog bite injury, the first thing to do is seek medical attention. The doctor will file a claim with the local animal control officer. You should file a dog bite claim<\/a> with local law enforcement, regardless of whether you will file a personal injury claim later. If possible, you should get contact information from any witnesses.<\/p>\r\n

The dog will be checked for rabies and whether it has the required vaccinations. The dog must then be quarantined for 10 days, but in many cases, this can be done in the dog owner’s home as long as they can keep the animal away from other people.<\/p>\r\n

Massachusetts has two classifications<\/a> of dogs that have bitten someone — nuisance dogs and dangerous dogs. These can also be imposed in response to complaints filed by citizens. A public hearing will be held to determine if a dog deserves either classification.<\/p>\r\n

Nuisance Dogs<\/b><\/h3>\r\n

A dog can be classified as a nuisance dog for transgressions that were not grossly disproportionate to the situation, such as excessive barking, showing teeth, or displaying aggressive behavior. The owner is expected to take steps to correct the dog’s behavior.<\/p>\r\n

Dangerous Dogs<\/b><\/h3>\r\n

If the hearing determines that the dog in question will attack without provocation and is indeed dangerous, the owner may be ordered to take one or more of the following steps:<\/p>\r\n