Massachusetts imposes strict liability upon dog owners if their dog bites or injures another person. The only exception is if the victim was a trespasser or if the victim was teasing, tormenting or provoking the dog prior to the attack. If the victim is under the age of seven, the law presumes none of the exceptions are applicable and holds the dog owner strictly liable.
The dog owner then has the burden to prove otherwise. If a minor owns the dog, the minor’s parents or guardians are liable for the damages. Under Massachusetts law, if there was a prior restraining order issued for the dog by the Animal Control Officer and the dog again causes injuries to another person, the dog owner is liable for three times as much as the damage amount.
There are parties other than the dog owner who may be liable for injuries the dog inflicted. There are animal keepers, who are responsible for the care and custody of the animal, a kennel or animal sitter, for example. A property owner can also be held liable if the property owner allowed the dog onto their property. Lastly, if the dog owner is a renter, the landlord may be liable for the injuries if they knew one of their tenants owned a dangerous animal.