Dog Bite FAQs
1. What is the legal stance on dog bites in Massachusetts?
Massachusetts operates under strict liability laws regarding dog bites. This means that dog owners are held responsible for any harm caused by their dogs, and victims do not need to prove negligence to receive compensation.
2. What happens if a dog is declared "dangerous" in Massachusetts?
When a dog is declared dangerous, the local authority may impose restrictions on the owner, such as keeping the dog restrained or muzzled, or requiring insurance coverage. Euthanasia is a last resort and can be appealed by the owner.
3. What should I do immediately after a dog bite?
Seek medical attention promptly, ensure the wound is properly dressed, exchange contact information with the dog owner, and report the incident to both medical professionals and local authorities.
4. Is there a mandatory quarantine period for a dog that bites someone?
Yes, any dog that bites someone is typically quarantined for ten days to monitor for signs of rabies. The owner is responsible for ensuring the dog is isolated during this period.
5. Who is liable for damages in a dog bite case?
Dog owners are generally liable for all injuries caused by their dogs. The only potential defense is if the victim was trespassing or provoking the dog, but this defense is limited, especially if the victim is under 7 years old.
6. What options does the local authority have when addressing problematic dogs?
The local authority can dismiss a case, declare a dog a “nuisance,” or label it as “dangerous.” Each designation comes with specific requirements for the owner to address the dog’s behavior.
7. What happens if a dog is deemed a "nuisance" in Massachusetts?
A nuisance dog is one that disturbs neighbors or has threatened or attacked others without a grossly disproportionate reaction. Owners must take action to address the dog’s behavior, such as attending obedience classes.
8. What are the potential consequences for a "dangerous" dog in Massachusetts?
Depending on the severity of the dog’s behavior, the owner may face various restrictions, including restraining, muzzling, or even euthanizing the dog as a last resort.
9. What legal recourse do dog bite victims have in Massachusetts?
Dog bite victims and their families have the right to file civil claims to receive damages from the dog’s owner to cover medical expenses, lost wages, and other losses resulting from the incident.
10. What laws govern dog bite cases in Massachusetts?
Massachusetts has specific statutes, including the Dog Bite Statute (Chapter 140, Section 155), which establishes strict liability for dog owners, and other regulations regarding criminal liability and defenses in dog bite cases.
11. What are the possible defenses in a dog bite case in Massachusetts?
Defenses may include trespassing, committing another civil wrong at the time of injury, or provoking the dog. However, these defenses have limitations and may not absolve the owner of liability in all cases.
12. What steps should I take if my dog bites someone in Massachusetts?
Remove your dog from the situation, assess the severity of the bite, administer first aid if necessary, exchange information with the victim, and seek legal advice promptly to understand your rights and responsibilities.
13. Can dog owners face criminal charges for a dog bite incident in Massachusetts?
Criminal charges are rare but may apply if the owner allowed or encouraged the attack. Civil lawsuits are more common and focus on compensating the victim for their damages.
14. How can a dog bite personal injury attorney help in Massachusetts?
A dog bite attorney can provide legal guidance, build a case, and represent dog owners in negotiations or court proceedings to ensure their rights are protected and to pursue a fair outcome.
15. Do doctors have to report dog bites in Massachusetts?
Yes, doctors are required by law to report any dog bites that result in injuries to animal control authorities within 24 hours, which initiates the mandatory quarantine period and ensures appropriate follow-up actions.