If another person’s dog’s conduct caused you to suffer physical injury, Massachusetts has a statute, MGL Ch. 140, s. 155, which creates automatic liability on the part of that dog’s owner, unless you were committing either a trespass or some other tort, like teasing or tormenting the dog at the time of the injury. A standard homeowner’s policy will usually cover damage caused by one’s dog upon another person. Physical damage under $25,000 is brought in District Court. If damages could reasonably exceed $25,000 (e.g. medical bills, lost wages, pain and suffering), then your suit would be permitted to be filed in Superior Court. If settlement cannot be reached, the owner of the dog would be represented in court by his/her insurance company. If the person whose dog injured you does not own a home or have renter’s insurance, then that person would have to hire an attorney and defend the case and pay any awarded damages out of his/her own funds. Most of these cases are based on a theory of negligence. Negligence cases must be filed within three years. Judgments in Massachusetts are good for 20 years. If you have any questions, please give me a call at 508-243-4877. Doug Stoddart, Esq., (www.dougstoddart.com).
