Overview
 Massachusetts has
one of the best laws for the protection of dog bite victims, especially
young children. A dog owner or keeper is strictly liable for dog bites
unless the victim was trespassing, teasing, tormenting or abusing the dog,
or was committing another tort. A child under the age of 7 is presumed
to have done none of those things, but the presumption is rebuttable.
General Laws of Massachusetts, Chapter 140: Section 155. Liability
for damage caused by dog; minors; presumption and burden of proof.
Section 155. If any dog shall do
any damage to either the body or property of any person, the owner or keeper,
or if the owner or keeper be a minor, the parent or guardian of such minor,
shall be liable for such damage, unless such damage shall have been occasioned
to the body or property of a person who, at the time such damage was sustained,
was committing a trespass or other tort, or was teasing, tormenting or
abusing such dog. If a minor, on whose behalf an action under this section
is brought, is under seven years of age at the time the damage was done,
it shall be presumed that such minor was not committing a trespass or other
tort, or teasing, tormenting or abusing such dog, and the burden of proof
thereof shall be upon the defendant in such action.
A person who is injured by a dog in this state also may use the other common grounds for liability. They are scienter, negligence, and negligence per se. For further information about these causes of action, see Legal Rights of Dog Bite Victims in the USA.
Litigation forms and other materials for attorneys
Just about all the documents a plaintiff's attorney will need, for less than the cost of typing them. Complaint, interrogatories, document production requests, admissions, witness list, petition for approval of minor's compromise (structured settlement), order approving minor's compromise, and Kenneth Phillips' 50-page deposition outline that covers every issue that can arise in a dog bite case. Save hours of work with the Dog
Bite Litigation Forms for Plaintiffs' Lawyers. Good throughout the USA. Available just one minute after you purchase them at the Dog Bite Law Bookstore. Download and use today.
|
Anatomy
of a Dog Bite Case is Mr. Phillips' 2-1/2 hour video seminar for plaintiffs' lawyers, containing tips and tricks, practice pointers and winning strategies that cannot be found anywhere else. A highly rated legal best-seller. Covers case selection, establishing liability, dealing with defenses, settlement and litigation throughout the USA. Arrives by mail in less than a week. |
|
