Injuries Caused by Dogs
Dog Bite Injury Lawyer: Personal Injuries Caused by Dogs that Attack
By Attorney Eric J. Parker
Under Massachusetts General Laws, the owner of a dog that causes a person to suffer personal injury or death is legally responsible for fully compensating the victim for damages suffered. Unlike claims for motor vehicle-related injuries or death, where the victim must first prove that the defendant was negligent, no such proof of negligence is required in so-called “dog bite cases.” The only possible defense to a claim for injuries caused by a dog requires the dog’s owner to prove that, prior to the attack, the victim teased, tormented, or abused the dog. Absent such proof, the only issue is monetary value. While dog bite cases may pose less of a legal challenge for the victim with respect to liability, demonstrating the wide range of injuries suffered by the dog bite or dog attack victim is a considerably more complex task.
Massachusetts courts, along with courts in many other states, recognize claims for personal injuries that go beyond the physical injury itself. The courts have acknowledged that a victim’s injuries and suffering may involve psychological injury, including anxiety, depression, and other conditions that are less obvious and more difficult to treat. Victims of animal attacks and dog bites commonly suffer some degree of post-traumatic distress, and in some cases, the effects of these trauma-induced psychological injuries can be debilitating and lifelong. The attorney charged with representing the victim of an animal attack, including attacks by dogs, must be prepared to evaluate all aspects of the victim’s injuries and losses, as well as the impact those injuries and losses are likely to have on the victim’s lifestyle and income potential.
Perhaps the biggest threat to the recovery of damages for injuries caused by an attacking dog is lack of insurance or other assets from which to satisfy a judgment against the dog’s owner. Most Massachusetts homeowner’s insurance policies provide coverage to the dog’s owner in the event of an attack. Unfortunately, not all dog owners carry homeowner’s insurance. Where no such coverage is available, there are often limited, if any, resources for the victim to look to for compensation. And unlike “uninsured motorist coverage,” which provides insured motor vehicle owners with coverage for accidents caused by uninsured drivers, there is no similar such coverage available to dog bite victims under their own homeowner’s policies.
Because homeowner’s coverage is optional (notwithstanding a mortgage holder’s right to require it), and because many dog owners who rent apartments or condominiums do not have insurance to compensate the animal attack victim, there are many instances where the victim’s ability to recover monetary compensation for her injuries may not present itself, despite the seriousness of the victim’s injuries. The dog bite injury lawyer representing a person injured as a result of a dog bite should take immediate steps to secure evidence vital to proving ownership of the attacking dog. In addition, a comprehensive investigation of the attacking dog’s past history is essential. While proof of past attacks by a dog are no longer a prerequisite to recovery by the victim of a subsequent attack, Massachusetts General Laws state that any dog that was under a prior restraining order issued by an Animal Control Officer and causes injury to a person shall be liable to the victim for three times the value of the damages suffered by the victim. Few Massachusetts laws have such “teeth,” and it is the duty of the victim’s dog bite lawyer to verify whether any such restraining orders were previously issued against the offending dog and its owner.
Jury awards in Massachusetts for injuries resulting from dog attacks and dog bites are as varied as the injuries themselves. An Essex County woman who suffered the near amputation of her thumb after an unprovoked attack by a pit bull recovered $100,000 for her injuries. In another recent case, a Suffolk County woman who suffered puncture wounds to her thigh by an unleashed dog that attacked without provocation recovered more than $30,000 for the dog bite puncture wounds alone. A lawyer with experience in representing victims of dog bites and other animal attacks is in the best position to assess the value of such a claim. For more information about claims resulting from injuries caused by animal attacks, click here.
Consult a Lawyer About a Dog Bite Injury
If you have suffered an injury due to a dog bite or animal attack, contact us for a free confidential case review and receive a response within hours, or call our Boston office toll free 866-414-0400. If you need a lawyer outside of Massachusetts, contact us for a referral.
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Eric J. Parker is a co-founder of Parker Scheer LLP and serves as the firm's Managing Partner. With over 23 years of experience in complex personal injury trials, Mr. Parker represents adults and children injured or killed as a result of negligence.