Strict liability under M.G.L. c. 140, § 155
Massachusetts imposes strict liability on the owner or keeper of a dog for damage the dog causes. Unlike states with a one-bite rule, you do not need to show the animal had bitten before or that the owner should have known it was dangerous. The statute is not limited to bites either — it covers other damage a dog causes, such as knocking someone down.
There are narrow exceptions. Liability does not attach where the injured person was trespassing, or was teasing, tormenting or abusing the dog. Importantly, a child under seven is presumed not to have been doing any of those things, and the burden falls on the owner to prove otherwise.
Who is the keeper?
Liability reaches beyond the registered owner to whoever was keeping or harboring the dog at the time — a dog sitter, a family member, sometimes a landlord depending on the circumstances. That matters because it can open additional insurance coverage where the owner has none.
Insurance usually pays, not your neighbor
Most dog bite claims in Massachusetts are resolved through the owner's homeowner's or renter's liability coverage. People are often reluctant to pursue a claim because the dog belongs to a friend, a relative or a neighbor. In practice the claim is handled by an insurer, and it frequently resolves without a lawsuit at all.
Injuries and why children's cases need care
Children are bitten at a disproportionate rate and are usually bitten on the face and head because of their height. Facial scarring in a child should rarely be settled quickly — revision surgery may be needed years later as they grow, and that future cost belongs in the claim. Settlements for minors in Massachusetts also require court approval.
- Puncture wounds and lacerations, often requiring repair in the emergency room
- Infection, including from bacteria common in dog saliva
- Nerve and tendon damage affecting hand or facial function
- Permanent scarring and disfigurement, especially to the face
- Lasting psychological effects, including fear of dogs and disrupted sleep
Frequently asked questions
Does it matter that the dog had never bitten anyone before?
No. Massachusetts applies strict liability under M.G.L. c. 140, § 155, so there is no one-bite rule here. The owner or keeper is responsible whether or not the dog had a history.
The dog belongs to a friend. Do I have to sue them personally?
Usually not in any practical sense. These claims are ordinarily paid by homeowner's or renter's liability insurance, which is what that coverage exists for. Many resolve without any lawsuit being filed.
My child was bitten. Is anything different?
Yes, in two ways. A child under seven is legally presumed not to have provoked the dog, and the owner must prove otherwise. And any settlement for a minor requires court approval, which protects the child's interest — particularly where future scar revision may be needed.
What if I was bitten while working — delivering mail or a package?
You may have both a workers' compensation claim and a separate claim against the dog's owner. These are not mutually exclusive, and the third-party claim is frequently the more valuable of the two.
How long do I have to bring a dog bite claim?
Generally three years from the date of the bite. For a child, the deadline is usually tolled until they turn eighteen, but waiting is still a bad idea — evidence and witness memory fade.
