Legal Question in Personal Injury in Massachusetts

My 1 yr. old Shih Tzu escaped from my yard the other day and entered my neighbors yard as they were letting their Labrador out. The Lab immediatly attacked and killed my puppy. Are the neighbors at all responsible for what happened? I'm looking to retrieve 50% of the dogs purchase price.


Asked on 9/03/09, 6:41 am

3 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

I rather doubt that there is any negligence liability here, especially in light of the contributory negligence law (the neighbor's negligence, compared to yours, must be more than 50%). I am not aware of any special rules for dogs that attack other dogs in their own yards, but am happy to be educated by those more expert in dog-bite law. If you had been bitten, there would be strict liability; that may apply to dogs.

I would definitely bring the matter to the attention of the neighbor's homeowner's insurance carrier.

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Answered on 9/08/09, 8:18 am
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

I would agree-I dont see any negligence on your neighbor's part.

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Answered on 9/08/09, 11:51 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

I do not agree. It is one thing to have your dog stray, it is another to have the other dog kill yours. I think the problem is your neighbor's. You may consider reporting this matter to the animal control of your town, and seek full indemnification.

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Answered on 9/08/09, 6:51 pm


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