Who is liable if a dog bites me in Massachusetts?

1. Liability Standard

Massachusetts is a strict-liability state under M.G.L. c. 140 § 155. Owners or keepers are liable for "all damage" done by the dog.

2. Statutory Elements

Plaintiff must show: (a) defendant owned or kept the dog; (b) the dog caused damage; and (c) plaintiff was not trespassing, committing another tort, or teasing, tormenting, or abusing the dog at the time.

3. Common-Law "One-Bite" Doctrine

The statute is broader than common law and generally supersedes one-bite analysis. Common-law claims remain available for landlords and others not captured by the statute.

4. Trespasser Defense

Trespassers are barred from recovery.

5. Provocation Defense

Teasing, tormenting, or abusing the dog is a complete defense. Children under 7 enjoy a statutory presumption against having committed such acts, effectively making the owner's defense unavailable.

6. Comparative Fault

Massachusetts's modified comparative-fault rule (M.G.L. c. 231 § 85) bars recovery if plaintiff is more than 50% at fault. Comparative fault applies even under strict liability.

7. Landlord Liability

Landlords are typically liable only on common-law negligence with knowledge of viciousness and control to remove (Nutt v. Florio).

8. Homeowner's Insurance

Massachusetts homeowner's policies typically cover dog bites; M.G.L. c. 175 § 95B restricts certain breed-based exclusions.

9. Damages

Medical bills, lost wages, scarring, disfigurement, future surgeries, and pain and suffering. Damage to property is also recoverable.

10. Criminal Liability

Under M.G.L. c. 140 §§ 157, owners of dangerous dogs face fines and orders to euthanize; severe injury can trigger additional misdemeanor charges.

This is legal information, not legal advice.