Massachussetts Dog Bite Laws

Massachusetts’s dog bite statute, Mass. Gen. Laws 140 § 155, imposes strict liability upon dog owners. This means that a dog bite victim is not required to prove that the owner knew their dog had a could be dangerous towards others. The rule states that an owner can be held strictly liable for any personal injuries as well as property damages caused by their dog. There are certain exceptions under which the owner would not be held liable. This includes situations where, at the time of the incident, the victim was: (1) trespassing; (2) committing another tort; or (3) teasing, tormenting, or abusing the dog. If the victim was under age seven at the time, courts presume that these exceptions do not apply. Additionally, the statute provides that a dog’s “keeper” can be held liable if the owner was not present at the time. A “keeper” is someone who has control and custody over the dog.