Each community, has their own “dog leash ordinance” (local law) or similar public safety rules relative to securing dogs when out in public areas. For instance, in Gloucester, on February 26, 2019, by a vote of 8-0 in favor, the city council approved amendments to G.C.O. c. 4 s. 4-16(a) to specify certain areas wherein dogs are permitted to be off-leash between certain dates. In general, dogs can run off-leash on specified beaches around the city in the “off-season” (October 1 – April 30). The ordinance makes no reference to the rights and responsibilities of the dog owners/keepers relative to said dogs attacking/biting an individual.
In Massachusetts, we have a state-wide statute (law) known colloquially as “the dog bite statute” (G.L. c. 140 s. 155), which makes it “strict liability” (automatic fault) against the owner of the dog or the person in possession of the dog at the time of the attack/bite (but not both). As long as the person attacked/bit was not teasing/tormenting the dog and the person was not committing a crime or tortious act at the time, the only question (legally) is the scope and extent of damages (how much the Plaintiff is owed in compensation). The local ordinances do not change the rights granted by the state legislature in the dog bite statute.
Like car accidents, slip and falls, workers compensation claims, and maritime injury claims, these cases are most often pursued against the individual/owner/keeper’s insurance company (usually through a renter’s policy or a home owner’s policy). In all probability, you will not have to pursue such a claim against an individual directly. So, if you or someone you know is attacked by a dog, either at the specified off-leash areas or not, have them call Orlando & Associates, P.C. where we have successfully represented hundreds of victims of dog bites/attacks.
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attorney/client relationship is not created without agreement of both parties. Therefore, Orlando &
Associates, P.C. is not responsible for any decisions you make in furthering any legal matter in which you
may be involved. Each individual person’s case or legal issue is unique and you should not rely
completely upon the basic information contained within this blog post to pursue your own legal matter.
Should you have any questions about the content of this blog post or any legal matter, contact an
attorney from Orlando & Associates, P.C. It costs you nothing to have an initial consultation.
