Understanding Dog Bite Laws in Massachusetts

Massachusetts follows a strict liability rule when it comes to dog bite cases. This means a dog’s owner is generally responsible for injuries caused by their dog, regardless of whether the dog had a history of aggression. Victims don’t need to prove the owner was negligent—they only need to prove they were lawfully present when the bite occurred and that they didn’t provoke the dog.

This law applies not only to bites but also to other injuries a dog might cause, such as being knocked down or scratched. Importantly, this legal framework tends to increase the chances of successful claims and contributes to relatively consistent settlement values statewide.

What Factors Influence Dog Bite Settlement Amounts?

There’s no fixed dollar amount for dog bite settlements in Massachusetts. Each case is evaluated on its own merits, and the final payout depends on multiple factors, including:

• Severity of the injury: Deep wounds, infections, nerve damage, or permanent scarring typically result in higher settlements.
• Location of the injury: Facial bites or injuries to visible areas can lead to larger awards due to the potential for disfigurement and emotional distress.
• Medical expenses: Bills for emergency care, surgeries, physical therapy, and psychological counseling are considered.
• Lost income: If the injury prevents the victim from working, past and future lost wages are included in the calculation.
• Pain and suffering: Non-economic damages can increase the payout significantly, particularly for long-term trauma or disfigurement.
• Victim’s age: Child victims often receive higher settlements due to long-term psychological impacts and potential for lasting scars.

Average Dog Bite Settlement in Massachusetts

While no two cases are identical, average dog bite settlements in Massachusetts tend to range between $30,000 and $70,000, depending on the variables mentioned above. More serious cases involving permanent scarring, reconstructive surgery, or emotional trauma can reach six-figure settlements or jury verdicts.

According to the Insurance Information Institute, the national average payout for dog bite claims in 2023 was around $58,000. Massachusetts typically falls within or slightly above this range due to its strict liability statute and dense urban areas where bites may result in higher medical expenses and legal claims.

Common Injury Types from Dog Bites

Dog attacks can cause more than just puncture wounds. Victims often suffer from a variety of complications that directly impact the settlement value:

• Lacerations and torn skin, often requiring stitches or surgical repair
• Infections, such as cellulitis or rabies exposure
• Fractures, especially in smaller children or elderly victims
• Nerve damage, leading to chronic pain or limited mobility
• Emotional distress, including PTSD, fear of dogs, or anxiety

For children, the emotional and psychological toll can be especially long-lasting. Settlement amounts frequently reflect this when minors are involved.

Who Pays for Dog Bite Injuries?

In many cases, the dog owner's homeowner's or renter's insurance covers dog bite liability. According to the Insurance Information Institute, dog-related injury claims accounted for more than one-third of all homeowners’ liability claims in recent years.

If insurance is involved, settlement negotiations are typically conducted between the victim (or their attorney) and the insurer. This process often avoids trial, although more complex cases may require litigation to achieve fair compensation.

How Long Do Victims Have to File a Claim?

Massachusetts imposes a three-year statute of limitations on personal injury claims, including those involving dog bites. Failing to file within this window typically results in the case being dismissed, regardless of its merits.

However, if the victim is a minor at the time of the bite, the clock usually begins on their 18th birthday, which gives them until age 21 to pursue a claim. Acting promptly is still recommended, as evidence and witness recollection can fade over time.

Why Legal Representation Matters

Dog bite cases can be deceptively complex. Even with strict liability laws on the victim’s side, insurance companies may:

• Dispute the severity of injuries
• Argue the victim provoked the dog
• Offer lowball settlements

A skilled attorney can gather medical records, photograph injuries, speak with witnesses, and negotiate with insurers to ensure fair compensation. They can also assess whether non-bite injuries, such as being knocked down or chased into harm’s way, qualify for a claim.

Preventing Future Incidents

Massachusetts has leash laws and local ordinances that require responsible pet ownership. When dog owners fail to comply, they not only endanger others—they open themselves to legal and financial liability.

Reporting an incident also serves a public safety function. A formal report may prevent future attacks and help animal control take action if a dog presents a recurring danger to the community.

Conclusion

The average dog bite settlement in Massachusetts typically falls between $30,000 and $70,000, but individual payouts can vary based on injury severity, medical costs, and long-term impacts. With strict liability laws on the victim’s side and insurance coverage often in play, many victims are able to secure fair compensation with the help of experienced legal counsel.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts dog bite claims can be challenging. Fortunately, you don't need to do it alone. The experienced dog bite lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.