The state of Massachusetts doesn’t utilize the one-bite ruling pertaining to dog attacks. This indicates that at any time a dog attacks someone, the pet owner is liable under a strict liability law. The strict liability defines the victim’s right to sue the pet owner for medical costs related to the attack. It doesn’t matter how many times the dog bit them initially.
Lawful Entry to the Property
The first concept that is identified in these cases is whether or not the victim had the legal right to enter the premises. Essentially, the court needs to know that the owner of the property gave the victim permission to enter the areas in which the attack occurred. However, if the dog leaves its property, this distinction isn’t necessary. Any victim who is guilty of trespassing may lose their right to damages.
Identifying Dangerous Animals
Through Legal Services in Northampton MA, a dog attack victim can seek damages if the pet owner had previous knowledge of prior attacks. If the state has identified the animal as dangerous in previous proceedings, the pet owner could face criminal charges. Harboring a dangerous animal in the state of Massachusetts is a serious offense. When the animal is connected to previous attacks, it is more likely that the state will require the animal to be euthanized.
Determining If the Animal is a Threat
After any dog attack, the county retains the right to quarantine the animal for an evaluation. The owner must provide them with documentation connected to their vaccinations. These evaluations determine whether the animal is infected with rabies, and if they pose a threat to society. This evaluation must be performed by a licensed veterinarian. The court will make their ruling based on the findings of this evaluation.
Claims are filed frequently due to a rise in dog attacks. This is why courts utilize their resources to identify animal breeds that are more likely to attack. At any time that anyone is attacked by known dog breeds that are ruled dangerous, this could increase the probability of an award for damages. To access Legal Services in Northampton MA for an animal attack, contact Daniel and Fontaine LLC today.
