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.


Asked on 12/21/98, 3:14 pm

2 Answers from Attorneys

Alan Pransky Law Office of Alan J. Pransky

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


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Answered on 1/26/99, 10:31 pm
Thomas Workman Law Offices of Thomas Workman

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


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Answered on 1/24/99, 6:57 pm


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