Legal Question in Civil Litigation in Massachusetts
dog bite/owner responsibility
i own a restaurant w/"attack dog" signs posted in specific backroom areas. A delivery boy went in a back area where 2 security obedience trained rottweilers stay. Several of my employess told him not to go back there. One dog bit the delivery person, causing a slight bruise. the deleivery person did not miss any work for this injury and is now suing me.
what can I do ?
The dogs have letters of reference from the trainer, vet, police officers, customers indicating that they are obedient and well mannered.
2 Answers from Attorneys
Re: dog bite/owner responsibility
You should report this to your insurance company and let them defend you. In Massachusetts, a
property owner is liable for dog bites unless the victim was a trespasser or abusing the dog. At
common law, the owner of a dog with dangerous propensities is strictly liable for the harm from the
dog. THIS COMMUNICATION DOES NOT CONSTITUTE THE CREATION OF AN
ATTORNEY-CLIENT RELATIONSHIP. Legal rights vary greatly depending on specific facts, and it is
impossible on the basis of the recitation of a few facts to determine whether or not an individual has a
viable case, what is the full range of options, or what limitations exist which may bar an individual's
potential claims. ON THE BASIS OF THE INFORMATION PROVIDED TO ME, I RECOMMEND THAT
YOU PROMPTLY CONSULT AN ATTORNEY TO DETERMINE THE SCOPE OF LEGAL RECOURSE,
IF ANY, YOU MAY HAVE. YOU SHOULD NOT RELY ON ANYTHING I HAVE STATED AS ADVICE
TO DO ANYTHING OTHER THAN TO CONSULT AN ATTORNEY TO DISCUSS FULLY AN
APPROPRIATE COURSE OF ACTION.
Alan Pransky
Law Office of Alan J. Pransky
20 Eastbrook Road
Re: dog bite/owner responsibility
Take photographs of the area and go see an attorney. From what you say, you have a chance to avoid liability. Contact your business insurance person, if you have business liability insurance. File a report with your side of what happened.
Thomas Workman
Law Offices of Thomas Workman
41 Harrison Street, Taunton, MA