If your dog bites someone on your property, you may assume you are automatically responsible for the injury. However, Massachusetts law provides certain protections for dog owners, particularly when the person bitten was trespassing. Understanding your rights and responsibilities in such a situation is crucial to ensuring you and your dog are treated fairly.
Massachusetts Dog Bite Law
Massachusetts has a strict liability dog bite law (M.G.L. c. 140, § 155), meaning that in most cases, a dog owner is responsible for injuries caused by their dog—regardless of the dog’s history or the owner’s knowledge of aggressive tendencies. However, this law includes key exceptions. A dog owner may not be held liable if the person bitten was:
Trespassing at the time of the bite
Committing a crime (such as breaking and entering)
Teasing, tormenting, or abusing the dog
If any of these exceptions apply, the dog owner can argue that they should not be held responsible for the injuries.
Was the Person Trespassing?
A trespasser is someone who enters your property without permission. This includes:
Burglars or intruders
People cutting through your yard uninvited
Someone who ignores "No Trespassing" signs
Individuals who climb fences or enter enclosed areas without consent
However, there are exceptions. For example, if the trespasser was a child who wandered onto your property, the law may treat the situation differently under the "attractive nuisance" doctrine, which protects children from hazards they may not fully understand.
Defending Your Dog and Yourself
If your dog bites a trespasser, the burden of proof may be on you to show that the person was indeed trespassing or provoking your dog. Some important steps to take include:
Seek Medical Attention – If the trespasser is injured, call emergency services if necessary.
Document Everything – Take photos of where the incident occurred, any broken fences, or signs indicating restricted access.
Gather Witness Statements – If neighbors or passersby saw the trespasser, their testimony can support your case.
Report the Incident – Inform your local animal control and police department about the bite.
Consult a Lawyer – Even if you believe you are not liable, legal guidance is essential to protect your rights.
Potential Consequences for Your Dog
Even if your dog was defending your property, the local authorities may still investigate the bite and decide whether your dog is dangerous. You could face:
A dangerous dog hearing, where officials determine whether your dog poses a threat to the public
Possible restrictions on your dog, such as mandatory muzzling or fencing requirements
In extreme cases, a court order for removal or euthanasia, though this is rare if you prove the bite was justified
How Boston Dog Lawyers Can Help
At Boston Dog Lawyers, we understand that a dog’s instinct is to protect its home and family. If your dog bites a trespasser, we can help you:
Prove the person was trespassing
Defend against liability claims
Protect your dog from unnecessary legal consequences
If you’re facing a dog bite case in Massachusetts, don’t navigate it alone. Contact Boston Dog Lawyers today to defend your rights and your dog’s future.
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