Massachusetts Dog Bite Law: Strict Liability and Your Rights
Massachusetts has one of the strongest dog bite laws in the country. Unlike many states that require the victim to prove the dog had a known history of aggression (the “one bite rule”), Massachusetts imposes strict liability on dog owners. This means the owner is responsible for injuries their dog causes, regardless of whether the dog has ever bitten anyone before or shown signs of aggression.
Understanding this law is essential for anyone who has been bitten or attacked by a dog in Massachusetts.
The Strict Liability Statute: M.G.L. c. 140, Section 155
The key statute is M.G.L. c. 140, Section 155, which states that if a dog causes damage to a person’s body or property, the owner or keeper of the dog is liable for the damage unless the injured person was:
- Trespassing on the owner’s property
- Tormenting or abusing the dog
- Committing another tort at the time of the bite
This is strict liability, meaning you do not need to prove:
- The owner was negligent
- The dog had a history of biting
- The dog was known to be aggressive
- The owner failed to restrain the dog
You simply need to prove: (1) the dog caused your injuries, and (2) you were not trespassing, teasing or tormenting the dog, or committing a tort. For children under seven, the law presumes the child was not trespassing, teasing, or tormenting the dog, and the owner bears the burden of overcoming that presumption.
Who Is Liable: Owners and Keepers
The statute applies to both the owner and the keeper of the dog. This distinction is important because it extends liability beyond just the person who owns the dog.
Owner: The person who holds legal ownership of the dog. This is typically the person who purchased, adopted, or was given the dog.
Keeper: A person who harbors, maintains, or has custody or control of the dog. This can include:
- A family member or roommate who helps care for the dog
- A dog sitter or boarding facility
- A landlord who harbors or exercises control over a tenant’s dog (not merely one who allows a tenant to keep a dog)
The landlord liability issue is fact specific. A landlord is not a keeper merely because a tenant keeps a dog on the rented premises. But a landlord who harbors or controls the dog, or who knows a tenant’s dog is dangerous and fails to act in areas the landlord controls, may face liability under the statute or in negligence.
Defenses Available to Dog Owners
The owner’s only defenses under the statute are:
Trespassing: If you were on the owner’s property without permission or legal right, the owner may not be liable. However, this defense has limitations. Delivery workers, postal carriers, utility workers, and guests who are lawfully on the property are not trespassers.
Tormenting or abuse: If you were provoking, teasing, or abusing the dog at the time of the bite. This defense often comes up in cases involving children. However, Massachusetts law has a specific protection: children under 7 are presumed not to have trespassed or tormented the dog. The owner must prove that the child actually provoked the dog.
Committing a tort: If you were committing a wrongful act (such as assaulting the owner) at the time of the bite.
Comparative negligence does not apply to dog bite cases under the strict liability statute in the same way it applies to standard negligence claims. The defenses are limited to those listed in the statute.
Common Dog Bite Injuries
Dog bites can cause severe injuries, particularly to children and the elderly:
- Puncture wounds and lacerations: Deep tissue damage from teeth, often requiring stitches or surgery
- Crush injuries: Large dogs can exert significant bite force, crushing tissue and breaking bones
- Facial injuries: Children are frequently bitten in the face, causing permanent scarring and disfigurement
- Nerve damage: Bites to hands, arms, and legs can damage nerves, resulting in numbness, tingling, or loss of function
- Infection: Dog bites carry a high risk of bacterial infection, including cellulitis, pasteurella, and in rare cases, rabies
- Scarring and disfigurement: Visible scars, particularly on the face, can require multiple reconstructive surgeries
- Psychological trauma: PTSD, anxiety, fear of dogs, nightmares, and behavioral changes, especially in children
Damages You Can Recover
Under the strict liability statute, you can recover all damages caused by the dog bite:
- Medical expenses: Emergency room care, surgery, wound care, plastic surgery, reconstructive procedures, physical therapy, and future medical treatment
- Lost wages: Time missed from work due to the injury and treatment
- Pain and suffering: Physical pain from the bite, treatment, and recovery
- Emotional distress: Anxiety, PTSD, fear of dogs, sleep disturbances, and psychological impact
- Scarring and disfigurement: Compensation for permanent visible scars, particularly significant for facial injuries
- Loss of enjoyment of life: If the injury prevents you from activities you previously enjoyed
- Future medical treatment: Scar revision surgery, ongoing psychological treatment, and follow-up care
For children, damages often include the cost of psychological counseling to address the trauma, as well as the long-term impact of scarring during the child’s developmental years.
Treble damages: Under M.G.L. c. 140, Section 159, if a dog that has previously been deemed dangerous by a hearing authority or a district court wounds a person, the statute authorizes triple damages.
Insurance Coverage for Dog Bites
Most dog bite claims are paid through the dog owner’s homeowner’s insurance or renter’s insurance. The personal liability portion of these policies typically covers dog bite injuries.
Coverage limits vary but are commonly between $100,000 and $300,000 for personal liability. Some homeowners carry umbrella policies that provide additional coverage of $1 million or more.
However, there are important exceptions:
- Some insurers exclude certain breeds from coverage (pit bulls, Rottweilers, German Shepherds, and others, depending on the insurer)
- Some policies exclude dogs with a prior bite history
- If the owner does not have insurance, you can pursue the claim directly against the owner’s personal assets
An experienced attorney will investigate the owner’s insurance coverage early in the case to identify all available sources of compensation.
Dog Bite Claims Involving Children
Children are the most common victims of dog bites. They are more likely to be bitten in the face and head, and the psychological impact can be lasting.
Massachusetts law provides special protections for children:
- Children under 7 are presumed not to have trespassed or tormented the dog. The owner must prove the child’s conduct.
- Children 7 and older do not receive the statutory presumption, but any claimed provocation is still evaluated in light of the child’s age and understanding.
- The statute of limitations is tolled for minors until they turn 18, giving them until age 21 to file a claim.
Parents should seek both medical and psychological treatment for a child who has been bitten. Documenting the emotional impact early creates a record that supports the claim for emotional distress damages.
What to Do After a Dog Bite
- Seek medical attention immediately. Dog bites require prompt medical care to prevent infection and assess the extent of the injury.
- Identify the dog and owner. Get the owner’s name, address, and phone number. If possible, determine whether the dog is up to date on vaccinations, particularly rabies.
- Report the bite. Report the incident to your local animal control office. Massachusetts requires animal control officers to investigate dog bite reports and may order the dog to be quarantined.
- Photograph your injuries. Take photographs of the bite wounds, bruising, and swelling immediately and throughout the healing process. Photographs of scarring at various stages are important for documenting disfigurement.
- Do not negotiate directly with the owner. Owners may offer to pay your medical bills in exchange for your promise not to sue. Do not accept any offer without consulting an attorney.
- Contact a personal injury attorney. An attorney can investigate the owner’s insurance coverage, document your injuries, and pursue full compensation.
Dangerous Dog Proceedings
In addition to your civil claim for damages, Massachusetts law allows municipalities to take action against dangerous dogs. Under M.G.L. c. 140, Section 157, a hearing officer can order:
- The dog to be restrained or confined
- The owner to take specific measures to prevent future incidents
- In severe cases, the dog to be euthanized
These proceedings are separate from your personal injury claim. The outcome of a dangerous dog hearing can provide additional evidence for your civil case.
Frequently Asked Questions
Is Massachusetts a strict liability state for dog bites?
Yes. Under M.G.L. c. 140, Section 155, the owner or keeper of a dog is strictly liable for damages caused by the dog. You do not need to prove the owner was negligent or that the dog had a history of aggression. The owner is liable unless they can prove you were trespassing, tormenting the dog, or committing another tort at the time of the bite.
What damages can I recover after a dog bite in Massachusetts?
You can recover medical expenses (emergency care, surgery, reconstructive procedures, physical therapy), lost wages, pain and suffering, emotional distress (anxiety, PTSD, fear of dogs), scarring and disfigurement, and future medical treatment. Children often require psychological treatment for dog bite trauma, which is also recoverable.
Does homeowner’s insurance cover dog bites?
Most homeowner’s and renter’s insurance policies cover dog bite liability as part of the personal liability coverage, typically up to $100,000 to $300,000. However, some insurers exclude specific breeds or refuse to insure homes with dogs that have a prior bite history. If the owner does not have insurance, you can pursue the claim directly against the owner’s personal assets.
What is the statute of limitations for a dog bite claim in Massachusetts?
The statute of limitations for a dog bite claim is 3 years from the date of the bite under M.G.L. c. 260, Section 2A. For children, the statute is tolled (paused) until the child turns 18, giving them until their 21st birthday to file a claim.
Can a landlord be liable for a tenant’s dog bite in Massachusetts?
Sometimes. A landlord is not automatically liable for a tenant’s dog, but a landlord who harbors or exercises control over the dog may qualify as its ‘keeper’ under the statute. A landlord who knew a tenant’s dog was dangerous and failed to take action may also face negligence liability, particularly in common areas the landlord controls.
About the Author
Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car accidents, premises liability incidents, wrongful death cases, and other personal injury claims.
Contact Scalli Murphy Law
If you or your child has been bitten by a dog in Massachusetts, strict liability law is on your side. Scalli Murphy Law has the experience to pursue full compensation for your medical expenses, pain and suffering, scarring, and emotional trauma.
Call 617-387-7000 or 1-833-933-HURT for a free consultation. There is no fee unless we recover for you.
Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923
Related Resources:
- Dog Bite Injury Practice Area
- Average Settlement Values in Massachusetts
- Statute of Limitations for Personal Injury in Massachusetts
- Can You Sue for Emotional Distress in Massachusetts?
This article provides general information about Massachusetts law and is not legal advice. Every case is different. For advice about your specific situation, contact Scalli Murphy Law, P.C. at 617-387-7000 for a free consultation.