Massachusetts Dog Bite Lawyer — Free Consultation

Strict Liability State

Massachusetts has strict liability for dog bites and for all other injuries a dog causes — under MGL c. 140, § 155 both owners and keepers are liable, and double damages apply when the owner had prior knowledge of the dog's dangerous history.

Your Rights After a Dog Bite in Massachusetts

Massachusetts enacted MGL c. 140, § 155 to make dog owners and keepers strictly liable for any damage to the body or property of any person — not just bites, and not only when the owner is at fault. A knockdown, a claw injury, a property destruction, and a traditional bite are all covered under the same rule, and there is no requirement to prove the dog had harmed anyone before.

Section 155's 'keeper' provision is the feature that most distinguishes Massachusetts law. A keeper — anyone who is temporarily caring for the dog with the owner's permission — faces the same direct strict liability as the registered owner. Dog walkers, boarding facilities, veterinary clinics, houseguests, and pet sitters are all keepers during the time they have custody, and can be sued alongside the owner.

Where the owner knew of a prior similar incident, Massachusetts allows double damages under § 155. These are awarded by the court after a jury verdict and are mandatory once prior knowledge is established — not discretionary. A dog with a single documented prior bite or attack history, of which the owner was aware, doubles the entire damages award.

Massachusetts follows modified comparative negligence under MGL c. 231, § 85, with a 51% bar. A victim whose fault exceeds 50% of total fault is barred; at 50% or below, the award is reduced proportionally. The statute has two express defenses that can eliminate liability entirely: trespass by the victim, or the victim 'teasing, tormenting or abusing' the dog.

Three years is the filing deadline under MGL c. 260, § 2A. For a minor, MGL c. 260, § 7 tolls the period during minority. Claims against governmental entities under MGL c. 258 require presentment within two years, and the path to litigation after presentment is different from the general rule.

Fees are contingency in virtually all Massachusetts dog bite cases. Because § 155 imposes true strict liability with no fault requirement, cases with serious injuries and clear ownership are among the more straightforward plaintiff's claims in personal injury law — which typically means faster resolution, better insurance response, and less litigation than in proof-of-knowledge states.

Massachusetts Dog Bite Laws

Section 155 provides that if any dog 'shall do any damage to either the body or property of any person,' the owner or keeper is strictly liable unless the damage was occasioned by the victim's trespass or other tort, or by the victim 'teasing, tormenting or abusing' the dog. The phrase 'damage to body or property' is significant — a dog that destroys a bicycle, knocks over a person carrying groceries, or injures livestock triggers liability under the same rule as a bite.

Full breakdown of the statute, comparative negligence rules, and exceptions: Massachusetts Dog Bite Laws →

What Compensation Can You Recover?

Economic damages include all documented financial losses: emergency room treatment, specialist consultations, reconstructive and revision surgery for facial or hand scarring, physical therapy, lost wages, and projected future care. The keeper liability rule means a boarding facility or grooming business that injured someone's dog or allowed a dog under its care to bite a patron may also be liable for the economic losses, and commercial liability policies typically carry higher limits than individual homeowners coverage.

Non-economic damages include pain and suffering, emotional distress, and permanent scarring or disfigurement. Massachusetts places no statutory ceiling on these against private defendants in dog bite cases. Severe mauling, permanent nerve damage, and post-traumatic stress following a serious attack are fully compensable without any cap.

The double damages provision under § 155 is the most significant Massachusetts-specific factor in case valuation. In a jurisdiction where most dog bite cases settle before trial, the existence of prior knowledge triggering double damages is the strongest single factor shifting insurance offers upward. Establishing prior knowledge early — through animal control records, neighbor testimony, or the owner's own admissions — is therefore the highest-priority investigation step in a Massachusetts case.

Property damage is independently compensable under § 155, separate from personal injury. A service animal killed by another dog, a bicycle destroyed by a dog, or personal effects damaged during an attack are all within the statute — not just the victim's physical injuries.

See typical dollar ranges: Massachusetts Settlement Amounts →

Steps to Take After a Dog Bite

Massachusetts strict liability makes the critical early steps about documentation rather than proof-of-knowledge — you don't need to establish what the owner knew to have a claim. Seek medical care the same day: emergency or urgent care records anchor both the liability timeline and the damages case. Photograph the wound before treatment and daily through the healing process; bite wounds typically look worst at 24-48 hours and the progression matters in settlement negotiations. Get the owner's full name, address, and homeowners or renters insurance information before leaving the scene. If the dog was under the care of a walker, a boarding facility, or a veterinary practice at the time of the attack, identify the business and ask for the name of the person who was directly responsible for the dog — keeper liability under § 155 runs against both the business and the individual caregiver. Report the bite to your local animal control office; Massachusetts requires bite reports, and the local ACO will conduct a quarantine investigation that creates an official record. Request in writing all prior animal control records for the dog's address — the double damages trigger under § 155 depends on establishing the owner's prior knowledge, and animal control records are the primary source. If the dog was previously involved in an incident, photograph any prior wound records or veterinary documents the owner may have shared. Write down witness names, contact information, and exactly what they observed. Do not give a recorded statement to the owner's insurer without speaking to an attorney first.

Statute of Limitations

Three years from the date of injury under MGL c. 260, § 2A. For a minor, MGL c. 260, § 7 tolls the limitations period during minority, generally giving until the victim's 21st birthday. The three-year period runs from the date the dog caused the injury — not from the date of diagnosis of a secondary condition, not from the date of a surgical consultation, and not from any later discovery. A worsening infection or a delayed nerve damage diagnosis does not restart the clock. Government defendants require a separately structured process. Under MGL c. 258, the Massachusetts Tort Claims Act, a written presentment must be filed with the appropriate governmental executive officer within two years of the date the injury was 'discovered' (which is typically the date of the incident). The government entity then has six months to act on the presentment. If it is denied (or not acted upon), the claimant has three years from denial to sue — but if it is allowed, there is a much shorter window. A claim against a city's animal control department, a town's police K-9 unit, or a state agency dog therefore follows a fundamentally different procedural path from a claim against a private owner, and the presentment must be filed well before the three-year period for private defendants would expire.

Full breakdown of the statute, its exceptions, and how shared fault is handled: Massachusetts dog bite laws →

Find a Dog Bite Lawyer Near You in Massachusetts

• Boston Dog Bite Lawyer
• Worcester (guide coming soon)