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most of us know the great joy and happiness that animals bring to our lives my dogs ***
and winnie always bring a smile to my face
as a professor in our animal law initiative I am often asked about liability if a dog
bites and whether it's really true that every dog gets one bite free
that is without owner liability
in massachusetts the owner or keeper of a dog is strictly liable for a dog bite
unless the victim was trespassing teasing
tormenting or abusing the dog or committing some other civil wrong
minors under the age of seven are presumed not to be committing trespass
teasing tormenting or abusing
or committing some other tort
so the burden then would be upon the dog owner if the child is under the age of seven
thus it's important to keep your dog safe of others expecially young children
as the guardian of a dog it is expected that you properly secure your dog so the dog
cannot injure
make certain you do not entrust your dog with someone unfit to properly restrain the
dog if necessary
because massachusetts imposes strict liability
there is no requirement that the owner be negligent in proving liability
other states may base liability on a common law theory of negligence
which requires a showing that the dog owner or guardian owed a legal duty to the injured
party and that that duty was breached
in these jurisdictions
the court may consider whether the guardian knew of the animals propensity to bite
the law recognizes most dogs are friendly so there is no imposition of liability unless
the pets guardian had notice of the likelihood of the dog biting
irrespective of whether you are in a strict liability state like massachusetts or not
if a dog is tormented incited provoked those actions will be a defense to owner liability
either reducing or barring the plaintiff's claim
provoking
annoying or harming a dog is not acceptable behavior
and our law generally recognizes this except if a child is very young and the child may
then lack the requisite intent
also just about all states have dangerous or vicious dog laws
making owners of such dogs strictly liable
so as the saying goes quote
breed not a savage dog
nor permit a loose stairway