If you or a loved one has been bitten by a dog in Massachusetts, you’re probably dealing with physical pain, mounting medical bills, and a lot of uncertainty. One question that often stops people from taking action is fear about what will happen to the dog. Many bite victims worry that filing a claim means the dog will be taken away and euthanized. That fear can prevent people from getting the compensation they deserve for serious injuries.
The good news is that in the vast majority of cases, pursuing legal action against a dog owner does not result in the dog being put down. Filing an injury claim is completely separate from the dangerous dog designation process. You can hold the owner financially responsible for your medical bills, lost wages, and pain and suffering without the dog facing euthanasia.
Massachusetts Holds Dog Owners Strictly Liable
Massachusetts has one of the strongest dog bite laws in the country. Under Massachusetts General Laws Chapter 140, Section 155, dog owners are strictly liable for any damage their dog causes to either a person’s body or property.
Strict liability means the owner is legally responsible whether or not they knew the dog was dangerous, whether or not they took precautions, and even if the dog has never bitten anyone before. Massachusetts does not follow the “one bite rule” used in some states. Your dog doesn’t get one free bite.
This law applies to all injuries caused by dogs, not just bites. If a dog knocks you down while you’re jogging and you break your wrist, the owner is liable. If a dog jumps on a child at the park and causes injuries, the owner is liable. The owner can even be held responsible if someone else was walking or caring for the dog at the time of the incident.
The only exceptions are if you were trespassing on the owner’s property, committing another tort (wrongful act), or teasing, tormenting, or abusing the dog at the time of the attack. Children under the age of seven are presumed not to have been trespassing or provoking the dog, and the burden is on the owner to prove otherwise.
What You Can Recover in a Dog Bite Case
If you’ve been bitten or injured by a dog in Massachusetts, you may be entitled to compensation for:
- Medical expenses, including emergency room visits, surgery, antibiotics, and ongoing treatment
- Lost wages if you missed work due to your injuries
- Pain and suffering
- Scarring and disfigurement (particularly significant for bites to the face, neck, or other visible areas)
- Emotional distress and psychological trauma
Many people don’t realize that dog bite claims are typically covered by the dog owner’s homeowner’s insurance policy, even if the bite occurred away from the owner’s property. This means there’s often insurance coverage available to pay for your injuries without the owner having to pay out of pocket.
Filing a Claim Doesn’t Mean the Dog Will Be Put Down
This is the critical point many people misunderstand. Your personal injury claim against the dog owner is a civil matter seeking financial compensation. It is completely separate from the dangerous dog designation process, which is handled by local animal control and hearing authorities.
When you file a personal injury claim or lawsuit, you’re asking to be compensated for your damages. You’re not asking for the dog to be seized or euthanized. The insurance company will evaluate your claim, and in most cases, your attorney will negotiate a settlement that covers your medical bills, lost wages, and other damages. The dog remains with its owner.
What Happens to the Dog After a Bite
After a dog bite, the dog will typically be quarantined for about 10 days to check for rabies and observe for any illness or behavioral issues. In many cases, this quarantine can happen at the owner’s home as long as the dog can be kept away from other people and animals.
Separately from your injury claim, local authorities may investigate whether the dog should be classified as a nuisance dog or a dangerous dog. This is a different legal process:
Nuisance Dog: A dog that causes disturbance through excessive barking, has threatened or attacked livestock or people (but the reaction wasn’t grossly disproportionate), or interferes with neighbors’ peaceful enjoyment of their property. Nuisance dog designations typically result in orders for the owner to take corrective action, such as obedience training or measures to reduce barking.
Dangerous Dog: A dog that has attacked a person or domestic animal causing physical injury or death without justification, or behaves in a way that poses an imminent threat of physical injury or death. Massachusetts law prohibits designating a dog as dangerous solely based on breed or solely because it growled or barked.
If a dog is deemed dangerous, the hearing authority must order at least one of the following remedial measures:
- The dog must be restrained or confined
- The dog must be muzzled when off the owner’s property
- The owner must obtain $100,000 in liability insurance
- The owner must provide identifying information (photos, microchip records, veterinary records)
- The dog must be spayed or neutered
Euthanasia is extremely rare and typically reserved only for cases where a dog has killed someone or caused extraordinarily severe injuries and is deemed an ongoing threat to public safety that cannot be managed through other measures. Even then, the owner has the right to appeal the decision through the court system.
Protecting Your Rights and the Dog
The best thing you can do after a dog bite is to act quickly:
Seek Medical Attention Immediately: Even seemingly minor bites can become infected or indicate more serious internal injuries. Medical documentation is also critical for your claim.
Get the Dog Owner’s Information: This is essential. Without knowing who owns the dog, you may not be able to recover compensation. Get the owner’s name, address, phone number, and homeowner’s insurance information if possible.
Report the Bite: Massachusetts law requires doctors to report dog bites to local animal control. This starts the mandatory quarantine process and creates an official record of the incident.
Document Everything: Take photos of your injuries, the location where the bite occurred, and any torn clothing. Get contact information from any witnesses.
Contact an Experienced Dog Bite Attorney: An attorney can handle your injury claim while ensuring the process is fair to both you and the dog owner. Your attorney’s job is to get you fair compensation for your injuries, not to have the dog taken away.
The Bottom Line
You should not let concerns about the dog’s fate prevent you from seeking the compensation you deserve. Filing a personal injury claim is about holding the owner financially accountable for your medical bills, lost wages, and suffering. In the overwhelming majority of cases, the dog will remain with its owner, possibly subject to safety requirements like muzzling or confinement, but not euthanized.
If you’ve been bitten by a dog in Massachusetts, you have three years from the date of the bite to file a claim. Don’t wait. Medical bills add up quickly, and the sooner you involve an attorney, the stronger your case will be.
At Weigand Law, Attorney Blair Weigand has been representing injured people across Massachusetts for more than 35 years. We understand how traumatic a dog bite can be, and we handle every case with compassion for both the victim and concern for fair outcomes. If you have questions about a dog bite incident, contact us today for a free consultation at 508-775-3118.
Attorney Blair E. Weigand — Helping those with legal questions for 35 years and counting.