Dog Bite Laws in Massachusetts

The rule in Massachusetts: strict liability

Massachusetts is a strict liability state for dog bites. Under Massachusetts General Laws chapter 140, section 155, the owner or keeper pays for any damage the dog does.

You do not have to prove the dog bit anyone before. The owner cannot win by saying the dog was always gentle.

The law has exceptions. The owner does not pay if you were trespassing, doing another wrong, or teasing, tormenting or abusing the dog.

Owners usually argue that you provoked the dog or were trespassing. Write down where you were standing, because being there lawfully is part of your claim.

A child under seven is presumed not to have done any of those things. If your young child was bitten, see when a dog bites a child.

Dog bite statute of limitations in Massachusetts

An adult has 3 years from the bite to file in court. The rule is in Massachusetts General Laws chapter 260, section 2A.

Write the date of the bite down now.

A claim against a city or county is different. A bite by a police dog, for example, often needs a written notice of claim within months. If a public dog bit you, call now so that notice is not missed.

Compare the rules in other states on our dog bite deadlines by state page.

What a claim is worth, and who pays

There is no published state average for Massachusetts dog bite claims. Your value starts with your medical bills and lost pay.

A lasting scar or a bite to the face usually raises it. You can estimate your settlement in a few steps.

The owner's homeowners or renters policy usually covers the dog. You file with that insurer, and it pays up to its policy limit.

Ask the owner for the insurance company name and policy number on day one. Learn more about homeowners insurance and dog bites.

Your first steps after a bite

Get medical care first. If the bite is deep, bleeding heavily or on the face or neck, go to the emergency room or call 911.

Make sure the bite is reported to your town's Municipal Animal Inspector. The state agriculture department keeps the list of inspectors, as the Massachusetts rabies rules explain.

The report records the owner's name, the dog's vaccine status and the date. Insurers and attorneys both rely on it. Read about rabies risk after a bite.

• Keep the bite report and every medical bill.
• Take photos of the wound as it heals.
• Do not give the owner's insurer a recorded statement before you talk to us.

Then call (844) 703-3920 for your free review. See the full checklist in what to do after a dog bite.