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Dogs bring joy and companionship to many households, but it’s crucial to recognize the serious implications of a dog bite. The impact of such an incident can often be underestimated, both in terms of physical injury and financial burden.
On Cape Cod, if you or someone you know has been affected by a dog bite, it’s essential to understand your legal rights and the potential for compensation. The team at Sweeney Merrigan Personal Injury Lawyers has devoted our careers to helping our local community get the financial compensation and restitution they deserve after their personal injury accidents and would love to do the same for you today. To schedule a free consultation, please don’t hesitate to call our office directly at 617-391-9001 or use our contact form.
In Massachusetts, a dog bite can be considered a personal injury under certain conditions. The state law, as mentioned on Sweeney Merrigan Law’s website, is quite clear in assigning liability to the dog’s owner or keeper in the event of an attack. This liability also extends to a minor’s parent or guardian if the dog is owned by a minor. Notably, Massachusetts General Laws Chapter 140, Section 155 stipulates a strict liability approach. This means that the injured victim doesn’t have to prove that the pet owner was aware or should have been aware of the dog’s violent tendencies or negligence on the part of the pet owner.
However, there are exceptions to this rule. If the victim was trespassing, teasing, tormenting, or abusing the dog at the time of the incident, the owner may not be held liable. This exception, importantly, does not apply to children under seven. Massachusetts law does not require victims to prove the dog had a prior history of aggression. The law is focused on the specific incident and the damages it caused, regardless of the dog’s past behavior.
While you concentrate on the healing process, the attorneys at Sweeney Merrigan is here to help you with the following aspects of your case:
Establishing fault in a dog bite incident is a critical aspect of personal injury cases in Massachusetts. Under the state’s strict liability law, the dog’s owner is typically held responsible for injuries caused by their pet, regardless of the animal’s previous behavior or the owner’s knowledge of any aggressive tendencies. This means the victim does not need to prove the owner’s negligence or the dog’s history of violence. However, there are exceptions, such as if the victim was trespassing or provoking the dog.
In cases involving children under seven, the law presumes they are not at fault. It’s important for victims to understand these nuances to effectively pursue their legal rights and potential compensation. Our team is here to offer invaluable guidance in navigating these complex legal waters and determining the best course of action.
The process typically begins with the victim seeking immediate medical attention for their injuries, which not only ensures proper treatment but also provides medical records that are crucial for the claim. The next step is to gather as much information as possible about the incident, including details about the dog, its owner, and any witnesses. Reporting the incident to local authorities or animal control is also essential, as it provides an official record of the event.
Our attorneys will act as a guide through the complexities of Massachusetts’ strict liability laws and help in filing the claim, negotiating with insurance companies, and, if necessary, representing you in court. The goal is to obtain fair compensation for damages, including medical expenses, lost wages, and pain and suffering. It’s important to act promptly as Massachusetts has a statute of limitations of three years for personal injury claims.
In terms of damages, the owner of the dog may be liable for a range of costs incurred by the victim, including medical bills, lost income, pain and suffering, and emotional trauma. It’s not uncommon for the insurance company to try to offer you a small settlement immediately after your accident has occurred. This can be a tempting offer to accept, but it likely will not fully cover your losses.
When you partner with our lawyers you are giving yourself the opportunity to get a settlement offer that will adequately protect you and your financial losses, including any potential future costs as well.
Sweeney Merrigan Personal Injury Lawyers, with our team of seasoned dog bite lawyers, is dedicated to assisting victims on Cape Cod. Our expertise in this area is bolstered by a track record of significant financial recoveries for clients, including achievements by co-managing partner J. Tucker Merrigan, recognized as a Rising Star and Best Lawyer. We are committed to evaluating the specifics of your case, guiding you through the process of claiming compensation for injuries, pain, and suffering.
To ensure your rights are fully protected and to explore the potential for a legal remedy, contact Sweeney Merrigan Personal Injury Lawyers. You can reach out to us at 617-391-9001 or utilize our contact form for a free consultation. This step is crucial in taking action promptly and effectively after experiencing a dog bite on Cape Cod.
Attorneys at Sweeney Merrigan Law, LLP have been recognized and honored by several of the top legal associations, including SuperLawyers, National Trial Lawyers Association, and Best Lawyers.
Sweeney Merrigan Law, LLP is a highly successful personal injury law firm serving Massachusetts since 2011.
There are no fees or costs unless we win your case!
