[MA] [MA] Am I liable for a provoked dog bite?
I live in Massachusetts. My friend/roommate was bitten by my dog after she got in his face and ignored his warning signs. About 7 people witnessed it. He’s never bitten anyone before. She’s now talking about suing.
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Fairly weak if provocation is proven. Generally, if someone provokes an animal and it reacts defensively, the owner isn’t liable (M.G.L. c. 140, § 155). She could try to sue for medical bills and any cosmetic procedures for scarring.
Yes—notify your renter’s insurer about the incident now, even if no claim is filed yet (M.G.L. c. 175, § 112). As for cost, personal-injury lawyers typically take these cases on contingency, so she wouldn’t pay upfront; the lawyer is paid from any recovery.
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I live in Massachusetts. My friend/roommate was bitten by my dog after she got in his face and ignored his warning signs. About 7 people witnessed it. He’s never bitten anyone before. She’s now talking about suing.
Was your dog provoked?
Yes—she came from across the room, got in his face, rubbed his head. She says he was giving kisses, but he was also showing teeth and snarling.
Did she seek medical attention?
Yes.
I’m sorry you’re dealing with this. What’s your legal question?
If she provoked him and there are witnesses, how strong is her position? Also, what could she sue for? She might need surgery; part of her top lip was bitten off. Should I file a claim with my renter’s insurance? Also, how much would it cost her to sue? She’s not in a good spot financially.
Fairly weak if provocation is proven. Generally, if someone provokes an animal and it reacts defensively, the owner isn’t liable (M.G.L. c. 140, § 155). She could try to sue for medical bills and any cosmetic procedures for scarring.
Yes—notify your renter’s insurer about the incident now, even if no claim is filed yet (M.G.L. c. 175, § 112). As for cost, personal-injury lawyers typically take these cases on contingency, so she wouldn’t pay upfront; the lawyer is paid from any recovery.
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