Dog Bites & Dog Attacks causing Injuries or Scarring - Lawsuits and Insurance Settlements in Western Massachusetts

Dogs are known as “man’s best friend” for good reason – their companionship, working, and helpful capabilities are well known to all. But dogs are also prone to attack people (and other dogs), sometimes due to their defensive instincts and sometimes to intentional human training for aggressiveness. Dog bites represent a huge problem in the U.S., with the number of bites requiring medical attention numbering about 800,000 per year. Tragically, fully half that number are injuries to children, often involving facial bites. Fortunately, relatively few dog attacks prove fatal (the total was 33 for 2007, for example), but injuries sustained from dog bites can be serious to the point of being permanently disfiguring or disabling.

With breed-specific legislation becoming more common, a lot of misperceptions have developed over which types of dogs pose the greatest threat of attack and imposing severe injury. For example, the Pit Bull and the Rottweiler score about average in aggression studies. However, bites from these larger and stronger breeds are very likely to be far more destructive than a bite from the statistically more aggressive smaller breeds – Dachshunds, for example. There are also many stories about canine breeds that are liable to suddenly “snap” and go on the attack after a life of relative docility, but these cases, where they do exist, are extremely rare. Occasionally, people are reluctant to pursue compensation for a dog-bite attack because they are concerned that the dog might be put to sleep (euthanized) as a result, but in the vast majority of cases nothing of the sort happens to the dog in question – unless the attack was especially brutal or vicious or the dog has rabies.

Massachusetts is a “strict liability” dog bite state, so dog owners are strictly liable for injuries caused by their dogs. (About 15 states have a “one-bite rule,” and a few have mixed liability statutes, but we're limiting our discussions to Massachusetts here) If you or a loved one has been bitten by a dog in Massachusetts, you may be entitled to compensation for your injuries (including emotional trauma), lost wages, and medical bills. You may also be due compensation of your dog (or livestock) was injured or killed as a result of another dog’s mauling. But dog bite laws do involve complexity. For example, victims may seek remedy in civil court, criminal court, or “dog court,” depending on the nature of the case. It is also essential to establish that the victim was not trespassing (or committing another tort) or provoking (“teasing, tormenting, or abusing”) the animal. Also, liability for losses and damages may fall to the person who had custody of the dog at the time of the attack, or the owner, or both, depending on whether negligence was involved.

One aspect of Massachusetts law that is specific to dog-bite cases refers to the ability of a woman to recover special damages if a dog attack results in facial scarring or other visual disfigurement.

It is essential if a dog attacks you or a loved one to enlist the services of an experienced Personal Injury Lawyer with expertise in this area. Such an attorney can advise you as to all your legal rights, based on the specific circumstances of the case, and steer you through the process of obtaining a favorable outcome. This is achieved through negotiation with the dog's owner or their insurance company, or through litigation (lawsuits) if insurance settlement negotiations are unsuccessful. There are statutes of limitation with regard to animal attacks, and important witness testimony and medical information that should be secured quickly, so it is crucial to contact a trained attorney as soon as possible.

At the Law Offices of Sean J. Cleary, we strive diligently to get our clients the justice they deserve. If you want personal service from a local lawyer who has handled dog bite cases in Western Massachusetts for over 15 years, then call us today and we will set you up with a free, no-obligation, introductory consultation at our offices in downtown Amherst, MA. If you are in the hospital or a nursing home or are of limited mobility, we can easily come right to you.

With all our personal injury cases, our policy is to charge you nothing unless we are successful – a “no recovery, no fee” basis. We get paid only if we obtain for you the compensation you deserve, and our contingency rates are modest and customary.