Personal Injury
Dog Bites
Boston personal injury attorneys representing dog bite and dog attack victims throughout Massachusetts
Dog attacks cause serious injuries that leave permanent marks, disrupt careers, traumatize children, and generate medical bills that accumulate long after the wound has closed. Massachusetts law gives victims meaningful rights, and the strength of those rights depends on having a lawyer who understands how to use them.
At Butters Brazilian LLP, our personal injury attorneys represent dog bite and dog attack victims throughout Massachusetts. We are a trial-focused firm. We prepare every case as if it will be decided by a jury, and that preparation is what produces results at the settlement table.
In 2024, our firm recovered $1.85 million on behalf of a client who suffered a catastrophic leg injury when a dog ran into them. Not a bite, but a collision that permanently altered the client’s life. That recovery is believed to be among the largest dog-related injury settlements in Massachusetts history and was recognized by Massachusetts Lawyers Weekly.
What Do You Need to Know About Massachusetts Dog Bite Law?
Massachusetts imposes strict liability on dog owners under Mass. Gen. Laws ch. 140, § 155 . If a dog injures you, the owner is legally responsible regardless of whether the dog had ever shown aggression before. There is no one free bite rule in Massachusetts.
The law covers more than bites. It applies to any injury caused by a dog's actions, including knockdowns, collisions, and jumps. The only exceptions are trespass, commission of a tort, or provocation of the dog at the time of the attack.
For child victims under age seven, the statute creates a legal presumption that the child was neither trespassing nor provoking, placing the burden on the dog owner to disprove it.
Massachusetts Dog Bite Law: What Strict Liability Actually Means
Most states apply a negligence standard to dog bite cases, requiring the victim to prove the owner knew or should have known their dog was dangerous. Massachusetts does not. Under Mass. Gen. Laws ch. 140, § 155, the standard is strict liability: proof that the dog caused the injury, and that the victim was lawfully present and not provoking the animal, is sufficient to establish the owner’s responsibility.
This distinction matters for two reasons.
First, it simplifies the liability question. You do not need to find a prior incident, a complaint to animal control, or a neighbor who witnessed aggressive behavior. The event itself is enough.
Second, it changes the dynamics of insurance negotiation. When liability is clear and legally compelled, insurers have less room to dispute what they owe. The focus shifts to damages, and that is where the real work of case building happens.
What the Statute Covers
The statute applies to owners and keepers of dogs. A keeper is anyone who harbors or controls a dog, even temporarily. Houseguests watching a dog, property managers, and in some circumstances landlords can all qualify as keepers subject to liability.
What the Statute Does Not Cover
The three recognized defenses under Massachusetts dog bite law are trespass, commission of a tort, and provocation. Each has specific meaning in case law. Trespass means unlawful entry onto private property, not simply being in an unexpected location. Provocation means conduct that a reasonable person would understand to trigger an aggressive response, not merely startling the dog or approaching it calmly. These defenses are narrower than insurance companies typically represent them to be.
An overview of Massachusetts animal law, including the mandatory physician reporting obligation under M.G.L. c. 112, § 12Z, is available on the official Mass.gov animal law page.
Injuries Caused by Dog Attacks
Dog bite injuries span a wide spectrum of severity. The cases we handle most often involve:
Physical Injuries
- Deep lacerations, puncture wounds, and avulsion injuries requiring surgical closure
- Facial injuries, the most common site of attack on children, resulting in permanent scarring or disfigurement
- Tendon and nerve damage causing loss of grip, reduced range of motion, or chronic numbness
- Fractures sustained during the attack or as a result of a fall
- Infection, including cellulitis and in serious cases sepsis
- Injuries requiring reconstructive or plastic surgery and anticipated future revision procedures
Psychological Injuries
- Post-traumatic stress disorder, also known as PTSD
- Generalized anxiety and specific phobia of dogs
- Sleep disruption and intrusive symptoms
- In children: behavioral regression, school avoidance, and long-term developmental impact on confidence and social function
Massachusetts law treats psychological harm as fully compensable, not a secondary claim. Documented emotional trauma, through therapy records, pediatric notes, and treating physician statements, carries meaningful weight in settlement negotiations and at trial.
A detailed analysis of how these injury categories affect case value is available in our article on how dog bite cases are valued in Massachusetts.
Dog Attacks Are Not Only Bites
This is one of the most consequential misunderstandings in Massachusetts dog injury law. The statute does not limit recovery to bites. It applies to any injury caused by a dog’s conduct, including:
- A large dog jumping on an elderly visitor and causing a fall
- A dog running at full speed into a pedestrian and fracturing their leg
- A dog lunging on a leash and pulling someone to the ground
Our $1.85 million recovery arose from exactly this type of case, a collision rather than a bite. Victims who have been told they were not bitten and therefore have no claim should speak with a Massachusetts dog attack attorney before accepting that conclusion.
Our comprehensive guide to dog bite injury claims in Massachusetts covers the full range of circumstances that give rise to a valid claim under the statute.
Child Dog Bite Claims in Massachusetts
Children are disproportionately represented among dog bite victims. According to the Boston Public Health Commission, children face the highest rate of dog bite injury of any population, with the risk greatest among those aged five to nine. More than 300 dog bite incidents are reported in Boston alone each year.
Massachusetts law responds to this vulnerability in several ways.
The statutory presumption for children under seven removes one of the most commonly raised defenses, provocation, and places the burden of proof on the dog owner. In practical terms, this makes liability clearer and settlement pressure higher in cases involving young children.
Beyond liability, the damages available in child cases are often substantial. Scarring inflicted on a six-year-old is a scar that lasts sixty years. Facial disfigurement affects school life, adolescence, professional development, and self-perception across a lifetime. Courts and experienced personal injury lawyers recognize this, and claims involving child victims with permanent facial injuries are among the most significant in this area of practice.
If your child was injured in a dog attack, our article on dog bite injuries to children in Massachusetts addresses the specific legal and practical considerations parents need to understand.
Statute of Limitations — Minor Victims: For minor children, the three-year filing period under M.G.L. ch. 260, § 2A typically does not begin until the child turns 18. Waiting that long, however, is never advisable. Evidence, medical records, and early photographs become harder to preserve over time.
Landlord Liability for Dog Attacks in Massachusetts
Mass. Gen. Laws ch. 140, § 155 applies directly to owners and keepers of dogs. Whether a landlord qualifies as a keeper depends on the facts, but it is a theory worth examining in cases where the dog owner is uninsured, underinsured, or otherwise judgment-proof.
Massachusetts courts have recognized that a landlord may face liability under common law negligence, separate from the strict liability statute, where:
- The landlord knew a tenant was keeping a dog with dangerous propensities
- The landlord had the legal authority to require removal of the dog through lease terms or otherwise
- The landlord failed to act on that knowledge
The strength of a landlord liability claim depends on what the landlord knew, when they knew it, what their lease provided, and whether they had any prior complaints or incidents involving the animal. It is not available in every case, but where it applies, it can meaningfully expand the pool of available insurance and recoverable damages.
If you were attacked in an apartment building, condo, or other rental property, the question of landlord liability should be investigated early. Our article on dog bites in Boston apartments and condos addresses exactly when and how a landlord can be held responsible alongside the dog’s owner. Our premises liability practice addresses the broader framework of property owner responsibility in Massachusetts that applies in these cases.
Insurance Coverage in Dog Bite Cases
The practical ceiling on recovery in most dog bite cases is the available insurance. Understanding the coverage landscape is one of the first things an experienced dog attack attorney should do.
Homeowner’s insurance: Most homeowner’s policies include liability coverage for dog bite claims. Policy limits typically range from $100,000 to $300,000, though higher limits exist.
Renter’s insurance: Renters who own dogs are often covered under their renter’s policies. This coverage is frequently overlooked in cases involving apartment-dwelling dog owners.
Umbrella policies: Some dog owners carry umbrella policies that provide coverage above their primary policy limits. These are worth identifying in serious injury cases.
Breed exclusions: Many insurers exclude coverage for specific breeds or impose conditional exclusions. Whether an exclusion applies, and whether the insurer properly reserved its rights, is a coverage question that can significantly affect the available recovery.
Landlord and property owner policies: Where landlord liability is viable, the landlord’s commercial or residential property insurance may provide an additional layer of coverage.
Early coverage investigation is not just helpful. In serious cases, it is essential to case strategy and a realistic assessment of what the claim can ultimately recover.
Damages Available in Massachusetts Dog Bite Claims
Massachusetts dog bite victims are entitled to recover the full measure of harm caused by the attack. Categories of compensable damages include:
| Category | What it Covers |
|---|---|
| Medical expenses | ER, surgery, hospitalization, infection treatment, plastic surgery, future revision |
| Lost wages | Income lost during recovery, reduced earning capacity in serious cases |
| Pain and suffering | Physical experience of the injury and its aftermath |
| Permanent scarring / disfigurement | Especially significant for facial injuries and child victims |
| Emotional distress | Documented psychological harm including PTSD, anxiety, phobia |
| Out-of-pocket losses | Transportation, home care, medications, equipment |
No two cases produce the same result. Value depends on injury severity, permanency, the victim’s age, quality of documentation, and available insurance. Our detailed guide to how dog bite cases are valued in Massachusetts walks through each factor specifically.
In cases where injuries are catastrophic, including traumatic brain injuries sustained in a fall during a dog attack or deaths caused by a severe mauling, additional legal frameworks and damages theories may apply. Our firm handles the full spectrum of serious personal injury and wrongful death matters.
What to Do After a Dog Attack in Massachusetts
The steps taken in the first 48 hours after a dog attack can materially affect the outcome of a legal claim.
Seek Medical Care Immediately
Even wounds that appear minor carry real infection risk, and a prompt medical record creates a direct evidentiary link between the attack and the injury. Delayed care gives insurers an argument that the injury was not serious. Massachusetts law requires health care providers to report animal bites to local animal control under M.G.L. c. 112, § 12Z, but that reporting obligation belongs to the provider, not the victim. Your job is to get care.
Photograph the Injury Before Treatment
Document the wound before it is cleaned or bandaged if possible, then photograph again over the following days and weeks as the injury evolves and scarring develops. Consistent, time-stamped photographs are among the most persuasive evidence in a dog bite case.
Identify the Dog and its Owner
Obtain the owner’s name, address, and insurance information. If the dog was running loose, note its description, breed, and the location of the attack.
Report the Incident to Animal Control
Under Massachusetts law, a 10-day quarantine is required for any dog involved in a bite incident, regardless of vaccination status. A formal animal control report also creates an official record that may surface prior complaints about the same animal.
Preserve all Records
Medical bills, appointment records, pharmacy receipts, and any communications with the dog owner or their insurer should be retained from the start.
Consult a Massachusetts Dog Bite Attorney Promptly
Insurance adjusters may contact you quickly after an attack. Their goal is not to help you assess what your claim is worth. It is to resolve it for as little as possible. Speaking with an attorney before making any recorded statements protects your position.
For a detailed walkthrough of each of these steps and why they matter, see our article on what steps Massachusetts dog bite victims should take to protect their rights.
Talk to a Boston Dog Bite Lawyer
Free, confidential consultation. No fee unless we recover money for you.
Statute of Limitations
In most Massachusetts personal injury cases, including dog bite and dog attack claims, the statute of limitations is three years from the date of the attack, under Mass. Gen. Laws ch. 260, § 2A. For minor children, the period typically does not begin until they reach age 18.
Missing the deadline is fatal to a claim, and courts enforce it without exception in ordinary circumstances. Waiting until the deadline approaches is also a strategic mistake. Photographs fade, witnesses move, and the scar documentation that matters most to case value is only available in the weeks and months immediately following the injury.
Why Trial Experience Matters in a Dog Bite Case
Most dog bite cases resolve through insurance negotiation rather than trial. But the outcome of that negotiation is shaped by what the insurer believes would happen if the case went to trial.
An insurer evaluating a claim against a plaintiff’s attorney with a genuine trial practice, one that has actually taken cases to verdict, applies a different calculus than it applies to a firm that settles everything. Trial experience is not just a credential. It is leverage.
At Butters Brazilian LLP, we are a trial firm. Our attorneys have tried cases in Massachusetts state and federal courts across our civil trial and personal injury attorneys practices. Attorney Alec S. Pine handles dog bite and serious personal injury matters with the same preparation he brings to complex civil litigation. That orientation toward trial readiness, toward evidence, toward the narrative a jury would hear, is what positions our clients for the strongest possible outcomes before a trial is ever necessary.
Our firm is based in Boston and represents dog bite and dog attack victims across Massachusetts, from the city and its immediate neighborhoods to communities throughout the Commonwealth.
Frequently Asked Questions
No. Massachusetts imposes strict liability on dog owners under Mass. Gen. Laws ch. 140, § 155, regardless of whether the dog had any prior history of aggression. The owner is liable if the dog caused injury and the victim was lawfully present and not provoking the animal.
You still have a claim. The Massachusetts statute covers any injury caused by a dog's actions, not only bites. Our firm recovered $1.85 million for a client injured in a dog collision. Read our comprehensive guide to dog bite injury claims for a full explanation of what the statute covers.
The recognized defenses are trespass, commission of a tort, and provocation. Each is narrowly construed. Trespass means unlawful entry onto private property. Provocation means conduct that would objectively trigger an aggressive response, not simply approaching or startling a dog.
Potentially yes, under a common law negligence theory, if the landlord knew the dog had dangerous propensities and had the authority and opportunity to require its removal. Our article on dog bites in Boston apartments and condos explains when and how this theory applies. These cases are fact-specific and worth evaluating in any matter involving rental property.
Three years from the date of the attack under Mass. Gen. Laws ch. 260, § 2A. For children, the period generally starts at age 18. Waiting is inadvisable because evidence and documentation are most available immediately after the attack.
Medical expenses, lost wages, pain and suffering, permanent scarring and disfigurement, emotional distress, and out-of-pocket losses. The specific value of a claim depends on injury severity, permanency, the victim's age, documentation quality, and available insurance. See our detailed article on how dog bite cases are valued in Massachusetts.
No. The presence of a leash, or the owner being present, does not eliminate liability under Massachusetts law. What matters is whether the dog caused injury and whether the victim was lawfully present and not provoking the animal.
Your legal rights are the same regardless of your relationship with the owner. Many victims in these situations find that the claim runs against the owner's homeowner's or renter's insurer rather than against the individual personally.
If the owner has no applicable insurance coverage, recovery may be limited as a practical matter. This makes early investigation of all possible sources of coverage, including landlord and property owner policies, critically important in cases involving uninsured or underinsured dog owners.
Yes, in meaningful ways. The statute creates a presumption that children under seven were not provoking the dog, shifting the burden to the owner. The damages analysis is also different, as permanent scarring on a child carries its impact across a lifetime. Our article on dog bite injuries to children in Massachusetts addresses these issues in detail.
Contact Butters Brazilian LLP
If you or a family member has been injured by a dog in Massachusetts, contact our firm for a free, confidential consultation. Attorney Alec S. Pine represents dog bite and attack victims throughout the state and will personally evaluate your case, including the liability questions, the damages, and the available insurance, so you understand exactly where you stand.
There is no fee unless we recover money for you.
