No Free Bite: Strict Liability for Massachusetts Dog Owners

By the FigureMyTax Editorial Team · How we calculate

In a one-bite state, a dog gets a first bite free. Massachusetts doesn't give it one.

What the statute says

G.L. c. 140 §155 provides that if any dog does damage to the body or property of any person, the owner or keeper — or the parent or guardian, if the owner or keeper is a minor — is liable for that damage, unless the injured person was committing a trespass or other tort or teasing, tormenting or abusing the dog. It requires no prior bite and no proof that the owner knew the dog was dangerous.

The court's own description

The Superior Court's model jury instruction on dog liability explains that the owner or keeper is strictly liable, that the plaintiff need not show the owner or keeper was negligent or knew the dog was dangerous, and that the statute is indifferent to negligence on the owner's part.

More than bites, and dogs only

The statute covers any damage to the body or property of a person, so an injury from being knocked over counts as much as a bite. It applies to dogs specifically; other animals fall under different rules. Claims under other grounds — scienter, negligence and negligence per se — remain available and can matter when the defendant isn't an owner or keeper.

What the victim still has to show

The victim must prove the dog caused the damage, that the defendant owned or kept it, and that none of the statutory exceptions applies. Everything else about the owner's care, warnings or history is beside the point.

This is general information, not legal advice. Which theory applies, and how strong your evidence is under it, depends on the specific facts. Confirm your situation with a licensed Massachusetts attorney.