Dog Bite Attorney in Milford, Massachusetts
Dog bites and dog attacks are common occurrences in Massachusetts and across the United States. However, these dogs have powerful teeth and jaws and often cause minor or serious injuries to the victims. In some cases, the dog bite victim may become hospitalized, unable to work, or require surgery. If you or someone you know were attacked or bitten by a dog, you may be eligible to pursue fair compensation by filing an injury claim or lawsuit against the dog's owner.
Attorney Michael M. Kaplan is poised and ready to support, guide, and represent clients in their dog bite claims. As a seasoned Massachusetts personal injury attorney, Michael can analyze every aspect of your case and explain your available legal options to recover damages. In addition, Attorney Michael M. Kaplan will fight compassionately for your rights and help you seek rightful financial compensation for your dog bite injuries and other possible damages.
The Law Office of Michael M. Kaplan is proud to serve clients across Milford, Massachusetts, and the surrounding areas of Framingham, Marlborough, and Worcester.
Massachusetts Dog Bite Law
In the United States, dog bite laws are often established to protect victims of dog bites and dog attacks and help them recover compensation for injuries and damages suffered. However, these dog bite statutes often vary from state to state. Pursuant to Massachusetts General Laws Chapter 140, Section 155,
"If any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog."
Furthermore, Massachusetts is a "strict liability" state for dog bite incidents. Under the state's strict liability rules, the owner or keeper of the dog which caused the victim's bodily injury or property damage will hold civil and financial liability for such injuries or damages. However, for strict liability to apply, the following conditions must be met:
The dog must cause personal injury or property damage,
The injured person must not be trespassing, provoking the dog, or committing another tort at the time of the dog bite or dog attack incident.
An experienced attorney can review all of the facts of your personal situation, help establish liability, or determine how to proceed with your dog bite claims.
Liability in a Dog Bite Case
As previously mentioned, Massachusetts is a strict liability dog bite state. Essentially, the dog bite laws in the state are favorable to victims who are bitten, harmed, or attacked by a dog. Therefore, you do not need to prove negligence or establish liability in your case. The dog's owner or keeper would be held strictly liable for your injuries and damages.
Modified Comparative Negligence in Massachusetts
Additionally, the Commonwealth of Massachusetts operates using the "modified comparative negligence" principle, with a 51% bar. Under the system, an injured party or dog bite victim may be eligible to recover damages if the other party was mostly (51% or more) at fault for the accident or dog bite. However, the amount of damages that may be recovered will be reduced by your fault percentage.
Under Massachusetts's modified comparative negligence system, you will be barred completely from seeking damages if you were 51% or more responsible for the dog bite incident.
Statute of Limitations
The statute of limitations for Massachusetts personal injury cases, including dog bite claims, is three (3) years from the date of the injury or dog bite. This means that you must commence a civil action against the dog's owner or keeper to seek damages within three years of the dog bite or attack incident.
Also, you may be able to pursue the following compensation by filing a dog bite or dog attack claim in Massachusetts:
Cost of medical treatment such as surgery or stitches
Lost wages and benefits
Pain and suffering
Reduced earning capacity
Treatment for any disfigurement or scarring due to the dog attack or bite
The emotional trauma caused by the dog attack or bite itself
Psychological counseling, if necessary
A practiced Massachusetts dog bite attorney can help file your claims and attempt to recover the maximum possible compensation for your injuries and damages.
How Legal Counsel Can Help
Dog bites and dog attacks are usually serious and can affect your physical, emotional, and financial health. Fortunately, Massachusetts dog bite laws allow victims to hold the owner or keeper of the dog strictly liable and seek damages for their injuries. Therefore, if you have been bitten or attacked by a dog, you need to act quickly and retain an experienced personal injury attorney to advocate for your best interests and help you pursue fair financial compensation.
The Law Office of Michael M. Kaplan enjoys giving compassionate representation and highly-personalized legal counsel to dog bite victims in their injury claims. As your legal team, Attorney Michael M. Kaplan will walk you through the often-complicated procedures involved in filing claims and recovering damages. Above all, he will fight vigorously for your rights and help you seek the financial justice you deserve.
Dog Bite Attorney Serving Milford, Massachusetts
If you or your child has been bitten or attacked by a dog, you may seek damages. Contact the Law Office of Michael M. Kaplan today to schedule a simple case evaluation. Attorney Michael M. Kaplan can represent you diligently in your claims and help you recover the maximum available damages. The firm proudly serves clients across Milford, Framingham, Marlborough, and Worcester, Massachusetts.