Massachusetts Dog Liability Law: Protecting People from Canine Misbehavior

In the world of legal intricacies, there are laws for almost everything, even the behavior of our furry friends. Massachusetts has laws that govern many aspects of daily life, including pet ownership. One such law, Section 155 of Massachusetts General Laws, concerns the liability of dog owners when their pets cause harm to individuals or property. Let’s delve into the details of this law and understand its implications.

Section 155: Liability for Damage Caused by Dogs

Section 155 of the Massachusetts General Laws is designed to protect individuals and their property from harm caused by dogs. It states that if a dog inflicts damage to a person’s body or property, the owner or keeper of the dog is held responsible for the damages. Even if the owner or keeper is a minor, their parent or guardian can be held liable for the actions of the dog.

However, there are exceptions to this general rule. The law stipulates that a dog owner or keeper may not be held responsible for damages if the harm was caused to a person who, at the time of the incident, was:

1. Committing a trespass or other tort.
2. Teasing, tormenting, or abusing the dog.

This exception acknowledges that there are situations where the injured party’s actions may have contributed to the incident, and in such cases, the owner’s liability is mitigated.

Section 155 also takes into account the age of the injured party, particularly when a minor is involved. If a child who is under the age of seven is the victim of a dog-related incident, there is a legal presumption that the child was not committing a trespass, another tort, or teasing, tormenting, or abusing the dog at the time of the incident. This presumption places the burden of proof on the defendant to demonstrate that the child’s actions were indeed a contributing factor.

Massachusetts Section 155 serves to protect individuals and property from the actions of dogs. It encourages responsible pet ownership and places the legal burden on dog owners to ensure that their animals do not pose a threat to others. It also recognizes that children, especially those under the age of seven, may not fully understand the potential dangers of their actions around dogs, making it important to protect their rights.