We’ve written several blogs about the dangers associated with dog bites, and we’ve noticed a trend among our clients injured by dog bites. During the summer months, we see a dramatic increase in potential clients reaching out to learn how we can help them after a dog bite injury.
Are Dogs Really a Man’s Best Friend?
Dogs are commonly referred to as man’s best friend, and for good reason. The ancient relationship began with wolves hunting and living side by side with our primitive ancestors and continues to this day, with modern-day dogs being cherished members of millions of families worldwide.
Dogs are the most popular pets in the United States. More than 65.1 million households in the US own at least one dog, which is about 44% of all households, for a total of about 1.4 million dogs in the US. Unsurprisingly, cats are the second most popular pet in the US, and freshwater fish are third.
The Labrador Retriever was the most popular breed until recently when the French bulldog became the most popular breed in the US. French Bulldogs are known for being affectionate, playful, and social. Typically, French Bulldogs are known to be good companions and are good with families and children. Despite being small, they are also very loyal to their owners and are very alert, which makes them good watchdogs.
Although most dogs never seriously bite or physically harm anybody, some dogs are not socialized properly, and that's when they pose the highest risk of biting or injuring people.
How Common are Dog Bite Injuries?
Every year, roughly 4.5 million dog bites occur in the US, and 800,000 of those dog bites require medical attention. More than 50% of dog bite victims are children. Any size or breed of dog can attack and bite a person — it’s not the dog’s breed that makes it aggressive, but how it is raised and treated, according to the American Veterinary Medical Association. No specific breed of dog is “safe.” Dogs that are unfamiliar with or uncomfortable around people, especially young children, might be uncharacteristically aggressive or defensive.
Most of us do not have a fear of dogs, and in turn, we rarely think of the consequences of dog bites, even though these injuries can be very serious. Dog bites or dog attacks can (and often do) result in serious injury and even death. Despite the common view that our dogs are gentle and loving pets, we cannot forget that they are descendants of powerful and aggressive predators and still hold most of their ancestors’ genes.
Luckily, there are many precautions both dog owners and the public can take to avoid dog bites. It is also important to understand your local laws determining when one is liable for injury caused by a dog.
Key Tips To Prevent Dog Bites
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Teach Children Proper Interaction: Educate kids on how to approach and handle dogs gently.
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Don’t Disturb Eating or Sleeping Dogs: Dogs may react defensively if startled. Dogs may also be more territorial around their food.
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Approach with Caution: Always ask the owner before approaching an unfamiliar dog, and let the dog sniff you first.
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Stay Calm: If confronted by an aggressive dog, remain calm, avoid sudden movements, and back away slowly.
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Avoid Direct Eye Contact: Dogs may interpret direct staring as a threat.
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Understand Dog Body Language: Learn to recognize signs of fear, anxiety, or aggression in dogs, such as growling, barking, stiff body posture, or a tucked tail.
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Socialize and Train Your Dog: Dog owners can work to properly socialize their dogs and participate in obedience training to reduce the likelihood of their dog biting or attacking a person or another pet.
Most Common Types of Dog Bite Injuries
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Head Injuries: A dog may cause you to trip or fall and hit your head.
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Permanent Scarring or Disfigurement from a Dog Bite: If you were bit by a dog, its teeth can tear your skin, tissue, and muscles and cause serious scarring or disfigurement. Particularly prevalent are facial scars and facial disfigurement.
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Infections: If you were bit or scratched by a dog, its teeth or nails could cause an infection. Dogs carry dangerous bacteria in their mouths, such as methicillin-resistant Staphylococcus aureus (MRSA), which is resistant to antibiotics and can cause a life-threatening infection, and Clostridium tetani, which causes tetanus.
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Eye Injuries: If a dog scratches your eye, it could impair your vision.
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Arm and Leg Injuries: When a dog attacks someone, it is very common that they try to protect themselves by hitting or kicking the dog, or by covering their face or body with their arms and legs. This can lead to skin tears, cuts, muscle damage, or even fractures or broken bones.
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Rabies: After any type of dog attack, the possibility of rabies is an extreme concern. Rabies is deadly and has a VERY short time window for effective treatment. This is why you always want to see a medical professional ASAP after a dog injures you.
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Emotional Injuries: You may experience fear and pain after a dog attack. Suffering from anxiety or post-traumatic stress disorder after a dog attack injury is common.
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Diseases: You could catch rabies or other diseases commonly carried by dogs.
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Other Damages: Damage to nerves, tendons, tissues, and bones is common in dog bite and injury cases.
Who Is Responsible When A Dog Bites Me in Massachusetts?
When an individual is bit or injured in some way by a dog, that individual may sue the owner or keeper (a person responsible for the dog but not necessarily its legal owner) for compensation.
Half of all states in the US have “strict liability statutes,” which means that the dog's owner is automatically liable for any injuries it may cause. In these states, the victim (the injured person) does not need to prove negligence except for specific exceptions.
Massachusetts is a strict liability dog-bite and dog-injury state. Massachusetts has one of the strictest dog bite laws in the entire country. Massachusetts’ dog bite statute states that if a dog harms you, the dog’s owner is liable for any damage or injury the dog causes you.
This means that if someone is walking their dog and the dog bites you, or the dog injures you, or if the dog injures someone in the owner’s home, the dog owner is automatically liable for any damages – period. Strict liability essentially means that the owner is responsible for the injuries their dog causes, even if the owner was extremely careful and responsible at the time of the injury and even if the dog had no history of injuring anyone.
An owner may also be liable if their dog causes an injury indirectly or unintentionally. Such as if a dog caused a bike crash or caused someone to fall. The dog owner is also liable for any injury the dog causes to another animal or another dog.
The exceptions to strict liability for dog owners are outlined by statute. If one of the exceptions of the law applies, then the injured person will likely need to prove that the dog owner was negligent in order for the dog owner to be responsible for their injuries.
The exceptions vary state by state; however, a victim will often need to prove negligence for the owner to be responsible if the dog is provoked and if the dog is a police or military dog on duty. Some states also exclusively apply strict liability to dog bite injuries and not other types of injuries caused by a dog (such as knocking someone over). In Massachusetts, owners are responsible for any harm a dog causes, “any damage to either the body or property of any person,” not just for bite injuries.
If you are traveling outside of Massachusetts and are bit by a dog in a state without a strict liability statute, or in cases when strict liability statutes do not apply, you must prove that the dog owner acted negligently. This means you must show that the dog’s owner failed to meet their reasonable duty to control the behavior of their dog. If the owner did not act in a way that a reasonable person would have acted at the time of the injury or if other irresponsible acts of the owner led to the injury, then the owner would have breached their legal duty to you. In addition to needing to prove that the owner did not act reasonably or responsibly, you will also need to prove that the owner’s unreasonable and irresponsible behavior is what caused the dog to injure you.
Many factors are considered when analyzing whether the owner acted reasonably to fulfill their legal duty to keep you safe from their dog. Factors include the dog's history and whether the owner knew if the dog posed a danger to other people. Many victims rely on a principle under common law referred to as the “One Bite Rule.”
The “One Bite Rule” principle holds dog owners responsible for injuries the dog causes only if the owner knew their dog was dangerous before it bit someone. Essentially, if the owner had no reason to know that their dog was dangerous, and you are the first person ever bitten by the dog, then proving that the owner was negligent will be challenging. It's certainly not impossible, but it will be harder to prove your case. If the dog has bitten or been aggressive towards anyone in the past, then you will automatically have a stronger claim against the dog’s owner. For example, if the owner knew that their dog was territorial and aggressive or had bitten before and had not taken the proper precautions to avoid injury, they very well may be liable.
Other factors that will be considered are whether the dog owner provided any reasonable warning to the public, such as a “No trespassing” or a “Beware of Dog” sign within sight. Courts may also find the owner took reasonable precautions if their dog is confined onto one’s property by a chain-link fence or by being leashed.
Types of Compensation Available After a Dog Bite Injury in Massachusetts
If you were the victim of a dog bite injury or other injury caused by a dog in Massachusetts, you may be entitled to compensation depending on the nature and severity of your injuries. For a successful case, you will need to prove either strict liability or some level of negligence on the dog owner's part, and that’s where Spada Law Group can help you. Come in for a free consultation, and we will learn all about your case and advise how we can assist you.
As a victim of a dog-related injury, you are entitled to both economic and non-economic damages. Economic damages are to reimburse you for any costs incurred from the injury. The most obvious example of economic damages is medical expenses. Examples of non-economic damages are pain and suffering caused by the injury and any lost earning capacity.
Another type of non-economic damages we often see is permanent scarring. When someone suffers a dog bite, there is almost always some form of permanent scarring. We have represented many clients whose predominant injuries are severe puncture wounds that have left noticeable and permanent scarring. These types of injuries often result in significant recoveries because of their lifelong impact on the client. Scarring also often requires medical interventions such as plastic surgery, which is also something we fight for you to have covered by the dog owner.
Injured By A Dog in Boston or Massachusetts? Reach out for a FREE Consultation With A Dog Bite and Dog Injury Lawyer
Dog bite and dog injury cases can be quite serious. Injuries from a dog bite can be life-changing.
If you or a loved one were a victim of a dog bite or dog injury in Massachusetts, you have rights and may be able to get compensation for your medical bills, time lost from work, pain and suffering, and more. Our experienced dog bite attorneys are here to guide you every step of the way.
Over the last three decades, we’ve helped thousands of people in Massachusetts get the recovery they need after a dog attack injury. Recently, Boston Magazine named Attorney Spada one of Boston’s Top Personal Injury Lawyers. As personal injury lawyers, you never pay us a penny until we win your case. We’re here and ready to help.
We have three offices but proudly serve the entire state with the ability to meet with you remotely from the comfort of your own home. Contact us for a free consultation so we can learn more about your dog bite or dog injury case and see how we can help you get the recovery you deserve after your situation occurs. The consultation is free and there is absolutely no obligation to hire us.