Dog bitesHow to Prove Negligence in a Boston Dog Bite Lawsuit

July 12, 20240

Dog bites can cause serious injuries and in some cases even death. Dog bites can cause deep puncture wounds, lacerations, crushed or broken bones, nerve damage, torn muscles and tendons, infections like rabies, tetanus and sepsis, along with psychological trauma like post-traumatic stress disorder. Children are often bitten on the face and neck while adults are commonly bitten on the arms and legs.

Certain breeds like Pit Bulls, Rottweilers, German Shepherds, Huskies, Alaskan Malamutes, Doberman Pinschers, Chow Chows, Presa Canarios, and mixed breed dogs are often considered high risk for biting due to their size, prey drive, territorial instincts, and backgrounds being bred for protection, guarding, or fighting. However, any dog has the potential to bite, so responsible ownership and training are key to reducing bites.

If you are bitten by a dog in Boston, you may have a valid claim and be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. To successfully recover damages, you must prove that the dog owner was negligent. This involves establishing the key elements of negligence.

Establish Duty of Care

The first element you need to prove is that the dog owner owed you a duty of care. In Massachusetts, dog owners are legally responsible for controlling and managing their pets. They have a duty to prevent their dogs from harming others. This includes taking reasonable precautions based on the dog’s past behavior and tendencies. For example, properly leashing aggressive dogs in public areas and erecting “Beware of Dog” signs on their property.

Prove Breach of Duty

You must also show that the defendant breached their duty of care. There are various ways a Boston dog owner can breach their obligations and be negligent, such as:

  • Allowing their dog to run freely without a leash
  • Failing to properly train and socialize the dog
  • Not taking steps to restrain a dog with known aggressive tendencies
  • Failing to warn visitors about a dog on their property with a history of biting

Establish Causation

The dog owner’s negligence must have directly caused your injuries. You need to show it was foreseeable that the owner’s breach of duty would result in the dog biting someone. For example, they allowed an aggressive dog to roam off-leash in a public park where bites were likely to occur.

Prove Damages

Finally, you must demonstrate the injuries and other damages the dog bite caused. This includes medical expenses, lost income from missed work, pain and suffering, permanent scarring or disability, and emotional trauma. Keep records of all bite-related costs and have your doctor document the treatment provided.

Consult an Attorney

Proving negligence in a Boston dog bite lawsuit involves gathering evidence and arguing legal theories. An experienced personal injury lawyer from M Smith Law can help build a strong case by interviewing witnesses, investigating the dog owner’s past conduct, establishing liability, calculating damages, and negotiating a potential settlement. We will determine if you have a valid claim and fight to recover full compensation.

Visit our law office at 15 Broad St #800 Boston, MA 02109 if you’ve been bitten by a dog.

You can also call now for a free consultation on (617) 263-0860.

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