In Massachusetts, dog owners are responsible for ensuring their pets don’t harm anyone, and can be held liable for a bite or injury their dog inflicts on someone else in a wide range of circumstances. If you or someone you know has suffered a dog bite incident, you should know what kind of actions you can take against the dog’s owner.

The Responsibility of Dog Owners in Massachusetts

Massachusetts is one of many states that has a “strict liability” rule when it comes to dog bites. Owners can be held liable for dog bites, the injuries caused by their dog, and any property damage caused by their dog. The owner is even liable in cases where they had no reason to believe their dog was dangerous or when they take precautions to protect other people and property from their dog.

Dog owners are also liable when they aren’t with their dog or in control of it: If your dog is out with your dog walker and it bites someone, you’re still liable.

When Are Dog Owners NOT Responsible for Dog Bites?

There are a few circumstances where Massachusetts law doesn’t hold owners liable for injuries or property damage resulting from dog bites. If the dog-bite victim was doing any of the following, the owner can’t be held responsible:

• Trespassing
• Committing a tort (a tort is an act resulting from negligence or carelessness, like distracted driving, slip and fall accidents, etc.)
• Teasing, tormenting, or abusing the dog

What About Dog Bites on Private Property?

Massachusetts dog owners are liable for dog bites that happen on their private property, as long as the victim isn’t trespassing. A mail carrier or package-delivery person isn’t trespassing when they make a delivery, nor is an invited guest trespassing. The law also has an exception for young children — anyone under age seven is considered too young to understand what trespassing is.

For example, if a six-year-old runs into a neighbor’s yard to get a soccer ball, and the neighbor’s dog bites the child, the dog’s owner could be held liable — even if the dog was tied up. The same goes for a UPS driver, a mail carrier, or an invited guest.

Understanding Property Owner’s Liability When a Tenant is the Dog Owner

Property owners have a duty to ensure the safety of their tenants and visitors, which includes taking reasonable steps to prevent foreseeable harm. When a tenant’s dog bites someone on the property, the question of liability often arises. While the tenant is primarily responsible for the actions of their dog, the property owner may also be held liable under certain circumstances.

Property Owner’s Knowledge of the Dog’s Propensity:

• Property owners may be held liable if they were aware of the dog’s aggressive tendencies or previous incidents of biting and failed to take appropriate action.

Property Owner’s Negligence in Property Maintenance:

• Property owners can be held liable for negligence if they fail to maintain a safe environment on their premises, allowing conditions that increase the risk of dog bites. This might include inadequate fencing or signage, allowing the dog to roam freely, or ignoring complaints or concerns raised by tenants or neighbors about the dog’s behavior.

Lease Agreements and Pet Policies:

• The terms of the lease agreement between the property owner and the tenant can play a significant role in determining liability. Clear provisions regarding pet ownership, responsibilities, and liability should be included in the lease agreement. Property owners may require tenants to obtain renters’ insurance with liability coverage for their pets or impose restrictions on certain breeds known for aggressive behavior.

Insurance Coverage:

• Property owners should review their insurance policies to understand the extent of coverage for dog bite incidents. Liability insurance may provide protection against claims and lawsuits arising from injuries caused by a tenant’s dog on the property. However, coverage may vary depending on the insurance carrier and specific policy terms.

A Massachusetts Dog Bite Lawyer Can Help

Massachusetts law concerning dog bites is straightforward, but some cities and municipalities have additional laws on how to deal with dogs considered dangerous or nuisances. If you’ve been bitten by someone else’s dog, a personal injury attorney can help you recover your expenses, including those for medical care, property damage, and even pain and suffering.

You have rights, and Silva Santos Law will help you defend them. Contact us today at (774) 297-7311, fill out our online form or send us an email at [email protected] to schedule a consultation.