When Good Dogs Attack
W ho ’ s R esponsible for a D og B ite ? This past spring, we addressed the dangers of dog bites and the steps that can be taken to avoid dog bites altogether. However, over the summer, we saw a concerning increase in inquiries about dog bite cases. This month, we’re looking at what to do after a dog bite and who is responsible. While most dogs never seriously bite or harm anybody during their lifetime, it’s important to remember that any dog can attack in the wrong situation. Dog attacks can and do result in serious injury or even death. Around 4.7 million dog bites occur in the United States each year, and 800,000 of these bites are serious enough to require medical attention. Massachusetts is a strict liability state. This means that dog owners are automatically liable for any injuries their dogs may cause, even if the dog had never been aggressive before the attack. Under the strict liability statute, even if the dog owner took the proper precautions to restrain the dog — like securing them with a leash or behind a fence — the owner is still liable if the dog escapes and injures someone. These injuries aren’t limited to bites. If a dog jumps on a pedestrian and causes them to fall and break their ankle, the pedestrian may sue the owner for damages. This rule also applies if a dog chases someone on foot or on a bike and causes an accident. There are certain situations in which the dog owner may not be liable if their dog injures someone, such as the following:
• Trespassing – if the injured person was on private property without permission when the injury occurred. This does not apply to persons carrying out a legal duty, like mail carriers. • Provoking the dog – if the injured person was “teasing, tormenting, or abusing” the dog and provoked it to attack, they may not recover damages under the dog bite law. After a dog attack, victims have three years to file a claim before the statute of limitations runs out in Massachusetts. If you suffered a dog bite or dog-related attack and believe the dog owner is liable for your injuries, you may be entitled to compensation. Call Spada Law Group today at 617.889.5000 to discuss your situation with a member of our team.
review of the month
“My experience with The Spada Law group was extremely positive. From the moment I called, the team was very caring, kind, efficient, and knowledgeable. In particular, Robyn Cartwright made me feel like I was the only client in the office. She carefully guided me through each and every step of the process. I was amazed at how the team did such a wonderful job with my case. The team was completely honest and open throughout the entire process. I could not have asked for a more positive experience.” –Kyle Amato July 23
2 • SPADALAWGROUP.COM
“My experience with The Spada Law group
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