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Dunn & Phillips, P.C.

Dog Bite Lawyers in Western Massachusetts

Massachusetts holds dog owners strictly liable - no 'one free bite,' no need to prove the owner was careless. The claim is usually against insurance, not your neighbor.

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The short version

  • Massachusetts holds dog owners strictly liable: no "one free bite," and no need to prove the owner was careless.
  • The claim is usually paid by the owner's homeowner's or renter's insurance, not by your neighbor.
  • The defenses are narrow: trespassing, committing another wrong, or teasing or abusing the dog.

Two offices, both open to walk-ins

Springfield, Main Office

185 Belmont Avenue, Springfield, MA 01108

Westfield, Personal Injury Law Center

56 Washington Street, Westfield, MA 01085

Dog Bites FAQs

What should I do right after a dog bite?

Get medical care the same day, even for a small puncture; dog bites infect easily. Then identify the dog and its owner, confirm the dog's rabies vaccination, report the bite to the local animal control officer, and photograph the injury and the place it happened. Keep every medical bill. Talk to us before you speak with the owner's insurance company.

The dog never bit anyone before. Does that matter?

No. Massachusetts is a strict-liability state for dog injuries: the owner or keeper is responsible even for a first bite and even if they controlled the dog carefully. There is no 'one free bite' rule here, and you do not have to prove the owner did anything careless.

The dog belongs to a friend or family member. I don't want to sue them.

This is the most common hesitation we hear, and the answer changes the conversation: dog bite claims are almost always paid by homeowner's or renter's insurance - the coverage the owner has been paying premiums for. The claim is against a policy, not a person's savings, and treating it that way protects both the relationship and your recovery.

My child was bitten. Is the law different for kids?

It is more protective. For children under seven, the law presumes the child was not trespassing, provoking, or teasing the dog - the burden falls on the owner to prove otherwise. Children also carry scars differently: a facial scar on a six-year-old is a decades-long injury, and the claim should be valued that way, sometimes after waiting to see how the scarring matures.

What are the defenses to a Massachusetts dog bite claim?

Essentially three: the injured person was trespassing, was committing another wrong, or was teasing, tormenting, or abusing the dog. For adult victims the insurer may try to stretch these; for children under seven the presumption runs the other way.

The dog knocked me down but did not bite me. Is that covered?

Yes. The Massachusetts statute covers any damage a dog does to your body or property, not only bites. A dog that jumps on someone and knocks them over, chases a cyclist into a fall, or trips an older visitor on the stairs makes its owner or keeper responsible on the same strict-liability terms.

How long do I have to file a dog bite claim?

Generally three years from the date of the bite. For a child, the clock usually does not start until the child turns 18, which leaves time to see how a scar heals before the claim is valued. Evidence fades faster than the deadline, so report the bite and keep the records from the start.

What does a dog bite lawyer cost?

Nothing up front and nothing out of pocket. Our fee is a percentage of the recovery, set in a written agreement before we start; we front the case costs, and if there is no recovery you owe no fee and no costs.

Dog Bites: the details

If a dog injured you in Massachusetts, its owner or keeper is responsible for the harm, even if the dog had never bitten anyone before, and the claim is almost always paid by their homeowner's or renter's insurance. The rest of this page explains how that works.

Dog attacks happen close to home - a neighbor's yard, a relative's kitchen, a sidewalk in Forest Park or a trail in Stanley Park. That closeness is exactly what makes people hesitate to make a claim, and exactly why Massachusetts law and ordinary homeowner's insurance are built the way they are.

We represent bite and attack victims across Western Massachusetts from our offices in Springfield and Westfield. A new injury intake reaches a real person 24 hours a day at (413) 426-8657; the first conversation is free.

Strict liability: what it means in plain terms

Massachusetts law makes a dog's owner or keeper responsible for the damage the dog does. You do not have to prove the owner knew the dog was dangerous, and you do not have to prove carelessness. The gentle dog that had never growled at anyone answers to the same rule as the one with a bite history.

The narrow exceptions: the law does not protect someone who was trespassing, committing another wrong, or teasing, tormenting, or abusing the dog. And when the victim is a child under seven, the law presumes none of those apply - if the owner wants an exception, the owner has to prove it.

The duty sits with the dog's owner or keeper. A keeper is someone other than the owner who has the dog in their care: a relative the dog lives with, or a friend looking after it for the week. That matters when the person whose name is on the dog license was not the person in charge of the dog that day.

Strict liability is not limited to bites. A large dog that jumps on an elderly visitor, chases a cyclist into traffic, or knocks a child off a porch step creates the same responsibility.

The claim is against insurance

Homeowner's and renter's policies cover dog injuries, and that coverage is what a claim pursues. People suffer serious, scarring injuries and never make a claim because the dog belongs to a brother-in-law or a neighbor of twenty years. What they are declining is the insurance coverage that household has paid for all along.

We take on these claims with that reality in view - professionally, against the carrier, with the personal relationship left as intact as the situation allows.

What a serious bite costs

Dog attacks produce a distinctive set of harms: puncture and crush wounds that need repair, infection risk that extends treatment, scarring - often facial, often on children - that may need revision surgery years later, and a fear of dogs that changes how a kid walks to school. Emergency treatment is the smallest line on the list.

Valuing a scar on a growing child is its own discipline; sometimes the right move is to document, treat, and let the scar mature before the claim is priced, and Massachusetts's three-year filing deadline - which runs differently for minors - usually allows that patience. We will tell you honestly what the right timing looks like for your family.

What to do after a bite

Get medical care the same day; puncture wounds are infection-prone even when they look small. Photograph the injuries as they heal - the record of the worst days matters later. Report the bite to the local animal control officer; the report both documents the attack and protects the next person. Identify the dog and its owner, and confirm rabies vaccination. Then talk to us before an insurance adjuster calls you, because they will call, and their first offer is priced for a claim without a lawyer.

The first conversation is free. If the claim is small enough to resolve yourself, we will tell you exactly that.

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Free worksheet - PDF

Get the Massachusetts After-an-Accident Worksheet

Every step after a crash, fall, or other injury, from the scene to resolving your claim, in one PDF worksheet. From a Western Massachusetts firm that deals with the insurers so you can focus on healing.

Download the worksheet (PDF)

Saves to your device as a fillable PDF you can complete or print. It is free: no email required.

Using this does not make us your attorneys. It is general information, not legal advice.

Talk to someone today

A new injury intake reaches a real person 24 hours a day. Use the form, or call or text.

Have us call you

Free. A real person calls you back.

A very brief description of your inquiry is fine. The use of this site, this communication form, or contact with any member of this firm does not establish an attorney-client relationship. Please do not submit or transmit confidential or time-sensitive information: what you send is not treated as confidential and does not prevent us from representing someone else in the same matter. By submitting this form, you consent to being contacted by Dunn & Phillips, P.C. and accept our terms of use and privacy policy.

This form is for people looking for legal help. We do not accept sales, marketing or vendor solicitations through it. Advertising, sponsorship and vendor inquiries: please use our business inquiries page.

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