Springfield, MA Dog Bite Attorney

Do I need a lawyer if I was bitten by a dog?

While it’s possible to handle minor dog bite cases without a lawyer, hiring an attorney is often beneficial, especially in cases involving serious injuries, disputed liability, or uncooperative insurance companies. An experienced lawyer can help you navigate legal complexities, negotiate with insurers, and ensure you receive the compensation that you deserve. If you’re unsure about the severity of your case or the best course of action, consulting with a personal injury lawyer can provide clarity and peace of mind.

What types of damages are available to dog bite victims?

Massachusetts law provides dog bite victims with the ability to recover various types of damages, encompassing both economic and non-economic losses. On an economic level, dog bite victims are entitled to compensation for their past and future medical bills, lost wages, and other expenses. More severe injuries will result in higher settlements and verdicts. That’s because your compensation award will depend on the cost of treating your injuries and how it impacted your life. The dog’s owner might also be liable for non-economic damages such as, but not limited to, pain and suffering, emotional trauma, anxiety and depression, disfigurement and scarring. Consulting with a personal injury lawyer can ensure that all relevant damages are considered and that the victim’s rights are fully protected.

Proving Negligence After a Dog Bite in Massachusetts

In Massachusetts, proving negligence in a dog bite case typically isn’t necessary due to the state’s strict liability law. However, there are certain circumstances where proving negligence could become relevant, particularly if the case involves entities other than the dog’s owner such as, landlords or property managers. Under Massachusetts General Law Chapter 140, section 155 (link it), dog owners are strictly liable for injuries caused by their dogs. This means that if a dog bites someone, the owner is responsible for the damages, regardless of whether or not the owner was negligent or knew the dog was dangerous. The key elements to establish strict liability are:

• The dog caused the injury.
• The victim was not teasing, tormenting, or abusing the dog.

What to do if you or a family member is bitten

Get the name(s) of the owner, the dog, the exact address of the owner and their phone number. Ask the owner if the dog is up to date with its vaccinations. Obtain the dog tag number and information regarding which town or city it is registered in. Observe if the dog was unleashed at the moment of the incident. Seek medical treatment. Take pictures of the wounds and the dog; write down the physical or geographic location of where and when the dog bite took place. Report it by phone or in person to the local city or town dog officer (usually assigned to the police department); ask them if the dog is up to date with vaccines. Check with the dog officer if they have had prior complaints or incidents with that same dog. Reporting your incident will not result in having the animal taken away from the owner or worse, euthanized. Ask the owner the name of their homeowner's insurance company and policy number.

Injuries covered by insurance in addition to bites: if you are pushed down and sustain lacerations requiring stitches; if you fractured a bone being pushed down or if the dog leash caused you to trip and fall. Call a plastic surgeon for serious bites, stitches or scarring.

Who can we collect from and sue if necessary?

If the owner of the dog is an apartment dweller, chances are they may not have apartment insurance to cover this incident. We can find out. Rarely can the building owner be responsible - unless they have a strict no dog policy, had prior instances with this dog, or failed to enforce their own rules which led to the dog remaining in the building and apartment.

If the owner of the dog owns a house, it is likely they have homeowners insurance. This provides for two lines of coverage on their policy: a) medical payments coverage of $5,000 to $25,000 to cover your medical bills for reasonable and necessary medical treatment; and b) bodily injury coverage that would be available to pay you a settlement for pain and suffering, permanent scarring and disfigurement, and future medical treatment.