Quincy Dog Bites Attorney

Proudly Serving Clients Throughout Massachusetts

Under Massachusetts General Laws Chapter 140 Section 155, also known as the "Dog Bite Statute", the dog's owner shall be held liable for any harm or damage to property caused by their dog. If the victim was trespassing, teasing, tormenting, or abusing the dog the owner shall not be liable.

If the person injured was a minor under the age of seven years at the time of the incident, then it will be presumed that the child was not trespassing, or teasing, or tormenting, or abusing the animal. In cases such as these where the child was under the age of seven, the burden of proof will be on the defendant.

Each and every state has enacted its own set of dog bite laws; some laws are more in favor of the victim and some laws are more in favor of the dog's owner. If you or someone you love has been bitten by a dog in the state of Massachusetts, then this state's dog bite laws are in your favor. The state of Massachusetts is a "strict liability" state; this means that the dog's owner is strictly liable for any injuries that their dog causes under the right circumstances. If you lived in a "one bite" state, then the dog's owner might get away with it on the first occurrence, but that's not the case in Massachusetts.

If you've been injured in a dog bite incident, don't wait to get the compensation you deserve. Contact a Quincy dog bites attorney now for a free consultation. Call us at (781) 332-4344 or reach out online to schedule your appointment today.

Dog Bite Statistics

The Centers for Disease Control and Prevention (CDC) reports that man's best friend bites more than 4.7 million people each year. Every year 800,000 Americans seek medical treatment for dog bites and half of those are children. Of those injured in a dog bite or attack, 386,000 of them require treatment in an emergency room and approximately 16 of those people die.

Unfortunately, the age group at the greatest risk of dog bites is young children and the highest rate of dog bite related injuries is in children ages 5 to 9 years of age. Due to their small stature, nearly two thirds of injuries among children ages four and younger are to their head and neck.

Massachusetts Dog Bite Laws

In Massachusetts, dog bite laws are governed by both strict liability and negligence standards. Our Quincy dog bites attorney can help you determine whether you have a viable claim for damages.

Strict Liability for Dog Bites

Under Massachusetts General Laws, Chapter 140, Section 155, the law holds dog owners strictly liable for injuries caused by their dogs if the victim did not provoke the dog and the injury occurs in a public place or a place where the victim has the right to be. This means that, in many cases, a dog owner is automatically responsible for a bite injury, even if the dog has never shown signs of aggression before.

Negligence and Dog Bite Injuries

While strict liability applies in many cases, there are instances where negligence may come into play. Negligence occurs when a dog owner fails to take reasonable steps to prevent their dog from causing harm to others. If a dog owner knew or should have known that their dog was dangerous (for example, if the dog had a history of biting or attacking), and the owner failed to take appropriate precautions, such as keeping the dog on a leash or providing proper training, they may be found negligent.

Who Is Responsible for Dog Bite Damages?

A large percentage of dog bites and attacks involve the dog of a friend or family member. When this happens, the victim or if the victim was a child, the victim's parents feel uncomfortable pursuing damages since the dog's owner is a friend, a neighbor or a family member. Fortunately, there is no reason to worry, even though the dog's owner is technically liable, the damages are typically paid by an insurance company.

The insurance company may be any one of the following depending on the circumstances:

• Renter's insurance policy
• Homeowner's insurance policy
• Motor home owner's insurance
• Landlord's property insurance
• Workers' compensation insurance (covering employees only)
• Auto insurance policy (if the accident occurred inside the vehicle or while the dog was tied to the vehicle)

While many dog bite claims are processed under someone's home or renter's insurance policy, there are cases where the dog's owner is not covered by such insurance. At times, defendants have been forced to pay for damages out of their own pocket when they either 1) didn't have insurance, or 2) had inadequate insurance, or 3) the defendant acted out of malice and utter disregard for the victim's safety and intentionally caused injury. In such cases the damages are established with the intention of punishing him or her for their actions.

Pursuing a Personal Injury Claim After a Dog Bite

If you have suffered a dog bite injury in Massachusetts, you may be entitled to compensation for your damages. To pursue a personal injury claim, you must demonstrate that the dog owner is legally responsible for the attack and that their actions directly led to your injuries. Our Quincy dog bites attorney can support you throughout this process.

The compensation you may be eligible for can cover:

• Medical Expenses: Dog bites can require immediate and ongoing medical attention, including emergency care, surgeries, wound care, rehabilitation, and mental health counseling. 
• Lost Wages: This includes both short-term lost income during your recovery period and long-term compensation if the injury causes permanent disability.
• Pain and Suffering: This includes both physical pain and emotional distress resulting from the attack.
• Permanent Disability or Disfigurement: If a dog bite leads to permanent scarring, disfigurement, or a long-term disability, the victim may be entitled to compensation for the long-term effects of their injury. This is particularly important when dealing with facial injuries or injuries that limit a person’s ability to work or engage in everyday activities.
• Punitive Damages: In some cases, the court may award punitive damages if the dog owner acted with gross negligence or recklessness. These damages are meant to punish the dog owner for particularly egregious behavior and deter similar conduct in the future.

Essential Tips for Avoiding Dog Bites

Children are especially vulnerable to a dog bite and attack due to their small size and lack of understanding of the consequences of approaching an unfamiliar dog.

It's important to follow the following tips and to teach them to your children in order to prevent a dog bite from occurring:

• Don't approach an unfamiliar dog
• Do not pet a dog until after you have allowed it to sniff you first
• Don't pet or play with an unfamiliar dog unless supervised by an adult
• Do not run from a dog
• If you are approached by an unfamiliar dog, remain still
• If the dog knocks you over, roll up like a ball and remain still
• Avoid making direct eye contact with an unfamiliar or aggressive dog
• If the dog bites you, immediately tell an adult

Get the Compensation You Deserve - Contact Us Now!

If you are the victim of a dog bite, it's important to contact a Quincy personal injury lawyer from Flanagan & Associates right away.  Attorney Flanagan is a former insurance adjuster, so he is intimately familiar with the insurance industry and the tactics used to devalue claims. He is a formidable adversary that can advocate for maximum compensation on your behalf.

You may be entitled to compensation for damages such as medical treatment, future medical treatment for scar reduction, psychological counseling, lost income, medications, pain and suffering etc. Flanagan & Associates is proud to service the residents of Quincy and the greater South Shore area, including Weymouth, in their dog bite claims.

Contact a Quincy dog bite attorney to file your claim today! Call (781) 332-4344 to schedule a consultation.