Rob Levine & Associates Personal Injury Lawyers Releases ...
Rob Levine & Associates Personal Injury Lawyers, an injury law firm based in Providence, RI, has published a new article that explains how dog bites are handled under Massachusetts law. Dog bites are covered in Chapter 140 Section 155 of the Massachusetts General Laws. This particular law declares that the keeper or owner of a dog is strictly liable for any damage that the dog can cause on a person or property, as long as the injured person was not teasing, trespassing, abusing, or tormenting the animal.
Strict lability means that it doesn’t matter if the dog has never harmed anyone before or the owner has a fence but the dog jumped over it, or they restrained the dog with all their strength, or even if the dog had a leash on. As long as there was no teasing, trespassing, tormenting, or abusing the dog, the strict liability will apply.
There is also a special provision in the law for the case when the victim was a child who is less than seven years old. In this case, it will be presumed that the child was not trespassing or teasing, abusing, or tormenting the dog, unless the defendant is able to show proof otherwise. The difference when the victim is an adult is that the adult victim has to provide proof that he or she wasn’t trespassing or tormenting, abusing, or teasing the dog.
The new article explains that with regards to the ownership of the dog, it can be easy to show who is the owner, particularly if the dog is licensed, which is required in the state of Massachusetts. A person who is taking care of the dog, feeding it, keeping it in his house, and giving it medicine will likely be the owner of the dog. The person who is exercising such degree of control over the dog is probably the owner.
Meanwhile, for cases where the owner of the dog is a tenant of an apartment and the tenant does not have insurance nor any real assets, the owner of the apartment building may be regarded as the keeper of the dog. If there are difficulties with regards to showing proof of keepership, or for any other reason, the victim may file a cause of action in common negligence against the keeper or owner. Negligence is regarded as any conduct that is below the standard of care with the result that other people are exposed to an unreasonable risk of harm. In this negligence lawsuit, it is necessary to show that the landlord knew or ought to have known that a dog with vicious tendencies was on the premises. Thus, the landlord’s failure to remove the dog from the premises had resulted into injury.
Any person injured by a dog bite in Massachusetts can seek compensation for damages and the at-fault party is liable for any medical bills, lost wages, pain and suffering, and scarring that the victim has incurred as a result of the injuries.
The law firm of Rob Levine & Associates Personal Injury Lawyers has been in existence in Providence, RI, or more than 20 years. Lead lawyer Rob Levine has developed a reputation of being one of the most aggressive when it comes to personal injury lawsuits in the tri-state area. As a result, he has earned the title of “The Heavy Hitter ®†in Rhode Island, Connecticut, Massachusetts, and all across the United States. At present, they serve clients at various locations, not just in Providence, Fall River, Hartford, Boston, and New Haven, but countrywide. They are available nationwide, particularly for veterans and those who require Social Security disability benefits.
Those who are interested in learning more about the dog bite law in Massachusetts can visit the Rob Levine & Associates Personal Injury Lawyers website or contact them on the phone or through email. For more information on developments regarding the firm, people can check out their media room.
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