Massachusetts holds dog owners and keepers strictly liable except for only very limited exceptions, so the work in a Boston dog bite case is identifying every responsible keeper, landlord, and insurer and proving the full extent of the injuries. Robert J. Hartigan, Lionhart Injury Law’s founder, does that work personally, and in 2019 the National Trial Lawyers named him one of the Top 40 Under 40 attorneys in Massachusetts. He handles dog bite cases throughout the Boston area on a “no win, no fee” contingency fee basis. If you retain our firm, we will also advance all litigation costs, such as court costs, expert fees, and the other costs of conducting investigations, so you will not need to pay these expenses while your case is ongoing (normally these fees are repaid through a successful verdict or settlement).

Massachusetts abolished the “one free bite” rule. Under state law, a dog owner is liable for injuries caused by the animal regardless of whether the dog had ever bitten or threatened anyone before, regardless of whether the owner knew of any dangerous tendency, and regardless of what precautions the owner believed they had taken. The law places responsibility squarely on ownership. In a city as densely populated as Boston, where dogs and pedestrians share sidewalks, parks, apartment hallways, and building lobbies in close quarters every day, this matters.

The practical challenge in Boston dog bite cases is usually not the legal standard, which is highly favorable to victims. The challenge is identifying every party with financial responsibility when the attack occurs in a multi-unit building, on a shared walkway, or in a situation where the dog’s owner is a renter rather than a property owner. Insurance coverage, landlord liability for known dangerous animals on the premises, and the financial resources of the individual owner all become relevant factors when pursuing full compensation.

Attorney Hartigan represents dog bite victims throughout Boston, including neighborhoods from Dorchester and Roxbury to Beacon Hill, Back Bay, South End, East Boston, and Jamaica Plain, as well as surrounding communities in Suffolk and Middlesex Counties. As an experienced Boston dog bite lawyer, Attorney Hartigan understands Massachusetts strict liability law and the complexities of urban dog bite cases.

To schedule a free consultation with an experienced Boston dog bite attorney, call (617) 871-9093. This is an opportunity to discuss what happened at no cost or obligation, to get your questions answered, to learn how Massachusetts strict liability law applies in dog bite cases, and to learn about your options for seeking compensation. There is no fee unless we recover compensation, and Lionhart Injury Law advances all litigation costs.

What Does Massachusetts Strict Liability Actually Mean for Dog Bite Victims?

Massachusetts General Laws chapter 140, section 155 imposes strict liability on the owner or keeper of a dog that causes injury or property damage, subject to specific statutory exceptions. An injured person generally does not have to prove that the owner or keeper was negligent, knew the dog was dangerous, or had received warnings about the dog’s behavior. Liability may not apply, however, if the injured person was committing a trespass or other tort or was teasing, tormenting, or abusing the dog at the time of the incident.

This standard eliminates some of the hurdles that victims face under negligence-based dog bite laws. There is no requirement to prove that the dog had bitten someone before or that the owner or keeper knew the dog had dangerous tendencies. Instead, the focus is generally on whether the defendant owned or kept the dog, whether the dog caused the claimed injury or damage, and whether any of the statutory exceptions apply.

For victims facing serious injuries, medical expenses, lost income, and other losses, this framework can provide a more direct basis for establishing liability than a claim requiring proof of the owner’s prior knowledge or negligence.

Will I Have to Sue My Neighbor or Family Member to Get Compensation?

In many cases dog bite cases can be resolved through obtaining compensation from the dog owner’s homeowner’s insurance policy so that a lawsuit does not need to be filed.

When a neighbor who is a friend or a family member’s dog bites someone, the person bitten (and often the parents of the person bitten) are put in a very awkward situation. Close relationships are strained. The person bitten may have severe injuries, including potential long-term and permanent scarring and other injuries. Medical bills and future treatment can be costly. The person injured deserves full and fair compensation for all injuries sustained.

Fortunately, homeowners insurance policies often cover dog bite injuries. As a dog bite injury lawyer, one of Attorney Hartigan’s first tasks will be to determine whether such a policy exists and to obtain a copy of the same so that he can understand the coverage provided and the policy limits. Once this information is known, typically the next step will be to notify the insurance company of what transpired and to make a demand for full compensation.

If coverage exists, the next steps typically involve negotiating with the lawyers for the insurance company regarding the appropriate compensation that should be paid. In many cases, especially those that do not involve severe injury, it is often possible to obtain compensation without filing a lawsuit. A side benefit of this is that a person injured does not need to necessarily file a lawsuit against a neighbor or family member.

In other cases however, the injuries may be more severe. In these circumstances a lawsuit may need to be filed.

Who Is a Dog Owner Under Massachusetts Law?

The Massachusetts dog bite statute applies not only to the registered owner of a dog but also to any person who owns or keeps the animal. This definition extends liability to individuals who are caring for someone else’s dog, harboring a stray, or regularly feeding and sheltering an animal that does not legally belong to them. In cases where a tenant keeps a dog in an apartment with or without the landlord’s knowledge, questions about who qualifies as an owner and who may be held liable require careful legal analysis.

A landlord who had actual knowledge that a dangerous animal was kept on the premises, and who had the ability to require its removal under the terms of the lease but failed to do so, may share responsibility for injuries to visitors or other tenants under separate negligence theories. Boston courts have considered landlord liability in situations where the landlord knew about the animal and its history. Attorney Hartigan investigates all potential avenues of liability, including the owner’s homeowner’s or renter’s insurance, building owner liability, and any other applicable coverage, so that his clients have the best chance of securing full and fair compensation.

Are There Situations Where a Dog Bite Victim Cannot Recover Under Massachusetts Law?

Massachusetts statute provides two defenses that can bar or reduce a victim’s recovery. The first is provocation: a victim who tormented, abused, or teased the dog in a way that caused the attack may be found to have provoked the animal, which eliminates the strict liability claim. Courts have interpreted provocation narrowly and do not generally allow an owner to claim that a child’s innocent behavior, such as approaching to pet the dog, constitutes legal provocation.

The second defense is trespass or the commission of another tort. A person who was unlawfully on the property where the attack occurred or who was committing another tort cannot claim the protection of the strict liability statute. This defense is most commonly raised when an attack occurs in a fenced yard or on private property where the victim had no invitation or license to enter. The defense does not apply when the attack occurs in a public space, on a public sidewalk, in a shared common area of a residential building, or anywhere the victim was lawfully entitled to be.

What About Children Bitten by Neighborhood Dogs in Boston?

Boston dog bite claims involving children raise additional considerations in Massachusetts. Children are not held to adult standards of behavior in evaluating whether they provoked an animal. A child reaching toward a dog, approaching with curiosity, or making sudden movements is behaving in a developmentally normal way, and courts evaluate children’s conduct accordingly rather than applying the standard applied to adults. If a child is under seven years of age at the time of the bite, the statute presumes that the minor was not trespassing, committing a tort, or teasing, tormenting, or abusing the dog.

When a child is bitten while in the care of a school, daycare center, or another responsible adult, the duty of supervision of that adult may also become relevant.

Children bitten by dogs also have extended statute of limitations protections in Massachusetts. Under M.G.L. c. 260 § 7, the general three-year limitation period does not begin to run for a minor until they turn 18, meaning the claim can be filed up to their 21st birthday. This extended window does not diminish the importance of gathering evidence early; it simply preserves the right to file suit until the person reaches adulthood.

Where Do Dog Bites and Attacks Happen Most Frequently in Boston?

Boston’s parks and green spaces are shared between dog owners, joggers, cyclists, and families in ways that create regular close contact between animals and strangers. The Emerald Necklace parks, including Franklin Park, Olmsted Park, and Jamaica Pond, see regular dog walking activity. The Boston Common and Public Garden, the Esplanade, and the Southwest Corridor Park draw dogs and their owners in high numbers every day. Attacks at these locations often involve unfamiliar dogs that approach other park visitors without leash control.

Apartment building common areas are another frequent setting for Boston dog attacks. Narrow stairwells, mailroom lobbies, and shared laundry areas create spaces where a dog can corner or startle a neighbor with little warning. Building entry points and elevator landings are particularly common sites, especially in the dense multi-unit residential buildings of neighborhoods like Allston, Brighton, and Mission Hill. Outside delivery drivers, postal carriers, and building service personnel are frequently bitten at residential addresses and have the same legal rights under Massachusetts strict liability law as any other lawful visitor.

What Physical Injuries Do Boston Dog Bites Commonly Cause?

Dog bites and attacks produce a range of injuries that vary significantly by the size of the animal, the location of the bite, and whether the victim fell or was knocked down during the attack. Puncture wounds and lacerations from bites frequently require emergency treatment, wound cleaning, and suturing. Infection is a serious complication of dog bites, including bacterial infections and, in unvaccinated dogs, the risk of rabies exposure, which requires immediate prophylaxis.

Facial injuries are among the most lasting consequences of dog attacks, particularly for children who are bitten at face level. Scarring, nerve damage, and damage to the structures of the ear, nose, and eyelids can require multiple reconstructive surgeries and leave permanent disfigurement. Hand and wrist injuries are common when a person reaches to protect their face or tries to push away an attacking dog. Knock-down injuries occur when a large dog lunges and causes the victim to fall, producing fractures, head injuries, and spinal trauma that are separate from the bite itself.

What Damages Can Be Sought After a Dog Attack in Boston or the Surrounding Communities?

The financial impact of a serious dog attack can extend well beyond the emergency room bill. The compensation available in a Boston dog injury claim depends on the harm the attack caused and how those injuries affect the victim’s life. Recoverable damages may include:

• Medical care and recovery costs. Emergency treatment, hospitalization, surgery, wound care, medication, rehabilitation, and other necessary medical expenses may be part of the claim.
• Scarring and disfigurement. Dog bites can leave permanent scars, particularly when injuries involve the face, hands, or other visible areas. A claim may account for the lasting physical and emotional effects of those injuries as well as treatment such as scar revision or reconstructive procedures.
• Time away from work. A victim may seek lost income during recovery and, when an injury creates lasting limitations, compensation for diminished future earning capacity.
• Physical and emotional effects. Compensation may address pain, emotional distress, and other ways the attack affects the victim’s daily life. Psychological treatment may also become part of the damages when trauma from the incident requires professional care.
• Future consequences. When supported by appropriate evidence, a claim may include reasonably anticipated future medical treatment and other losses expected to continue after the case is resolved.

Dog attacks involving children can raise additional damages issues because medical expenses, permanent scarring, and the long-term effects of an injury may need to be evaluated differently. Parents may also have their own claims in certain circumstances, including for qualifying medical expenses and loss of consortium.

How Long Do Victims Have to File a Dog Bite Lawsuit in Boston, Massachusetts?

For adult dog bite victims in Massachusetts, the standard statute of limitations is typically three years from the date of the attack under M.G.L. c. 260, § 2A. This three-year window applies to claims under the strict liability dog bite statute as well as any accompanying negligence claims. Waiting too long to consult an attorney risks losing witnesses, allowing evidence to fade, and ultimately being barred from filing suit regardless of the strength of the underlying claim.

Certain circumstances can toll or extend the limitations period. As noted above, minors benefit from the tolling provision under M.G.L. c. 260 § 7. Cases involving an animal quarantine process, a municipal animal control investigation, or criminal proceedings against the owner may also raise tolling questions that require analysis. As an experienced Boston dog attack lawyer, Attorney Hartigan evaluates the applicable deadline at the outset of every representation so that litigation deadlines are not missed.

What Steps Does Attorney Hartigan Take in a Boston Dog Bite Investigation?

Evidence in dog bite cases must be gathered quickly and systematically. The dog’s vaccination and licensing history with the City of Boston’s animal control office establishes whether the animal was legally registered and whether any prior complaints or bite reports were on file. Animal control records are public records and frequently contain prior bite reports that the owner has not disclosed.

In cases involving an apartment building, the landlord’s records of complaints about the dog from other tenants, and any communications between the owner and building management about the animal, can establish knowledge of prior aggressive behavior.

Medical records document the nature of the wound, the treatment provided, and the clinical assessment of infection risk and long-term prognosis. Photographs of the injuries taken immediately after the attack and throughout the healing process document the severity in a way that medical records alone cannot capture. When the attack occurred in a public space or at a commercial property with surveillance coverage, footage from nearby cameras may show the event itself or the dog’s behavior in the moments before the attack. We pursue every source of evidence relevant to establishing liability and the full extent of damages.

How Can a Boston Dog Bite Attorney Help Victims Across Greater Boston?

Boston dog bite injuries can be physically devastating, financially burdensome, and emotionally lasting. Massachusetts strict liability law creates a framework for recovery, but navigating the insurance claim process, identifying all responsible parties, and building a case that fully captures the extent of injuries requires legal experience.

Attorney Hartigan handles dog bite cases on a contingency fee basis, meaning you owe attorney fees only if we recover compensation, and Lionhart Injury Law advances all litigation costs. There is no cost to speak with him about what happened and get your questions answered.

Call (617) 871-9093 for a free consultation. Get your questions answered and learn your options for seeking full compensation.