Dog bites are often unexpected, but they can sometimes be the result of a tense encounter. If you were attacked by a dog that the owner claims you provoked, you may be wondering if you can still hold them accountable for the actions of their animal.
We go over dog bite liability laws in Massachusetts and New Hampshire below, plus how we can help you pursue compensation even if your actions contributed to the incident.
How Strict Liability Laws Impact Your Dog Bite Claim
Massachusetts and New Hampshire both have “strict liability” dog bite laws. This means that owners are responsible for any injuries their pets cause, regardless of whether the owner was careless or had shown previous signs of aggression.
However, owners can present the provocation defense and suggest that your actions prompted the attack. If successful, this could reduce the amount of damages you are eligible to receive.
What Is Considered Provocation?
In the context of a dog bite claim, provocation means purposeful or accidental actions that upset, frighten, or threaten a dog. Examples might be taking food away from the dog, pulling its tail, smacking it, or taunting the animal.
Provocation and Comparative Negligence
Even though strict liability laws state that the dog’s owner is legally responsible for their animal’s behavior, courts will sometimes examine the victim’s role in the attack. If the court finds that you contributed to the dog’s aggressive reaction, the amount of responsibility you share will be expressed as a percentage of shared fault. Then, your damage award may be lowered proportionally. This is called “comparative negligence.”
The Burden of Proof of Provocation Is On the Dog Owner
In cases like these, the owner of the dog will need to prove that you legitimately provoked or harmed the dog and caused it to attack. For instance, witness statements, audio recordings, or video footage might be used to try to show that you had a clear role in the attack.
If the owner claims you aggravated the dog, but fails to actually bring any meaningful evidence forward to prove it, the accusation is unlikely to stand up in court.
What Happens to Your Claim If It’s Determined That You Provoked the Dog That Bit You?
If the owner is successful at proving you caused the animal to attack you, your damages may be reduced by the percentage of fault that the court assigns to you. This means that if a judge determines you were 30% responsible, and your damages were initially calculated at $500,000, your award would be reduced to $350,000.
The most common damages in a dog bite case include medical bills, time out of work, and emotional or psychological trauma. In some cases, a judge may decide to reduce only non-economic damages, like pain and suffering or mental anguish, to make sure the victim’s basic healthcare expenses are covered regardless of their responsibility in the attack.
Understanding the Role of Insurance
After a dog bite in Massachusetts or New Hampshire, the dog owner’s renters or homeowners insurance often covers liability claims. Even if you personally know the owner, their insurer is still where the buck stops.
However, insurance companies may try to minimize your settlement by suggesting that you ultimately caused or contributed to your own injuries. This is especially true when the dog’s owner corroborates the claim. While this strategy may not invalidate your claim entirely, it can make things more complicated and delay your compensation.
Tips for Protecting Your Rights
- Say only what you know to be true. Focus on repeating just the facts and avoid making any speculation or providing unnecessary details that can be twisted and used against you.
- Document everything. Make sure you’re keeping a record of all emails, phone calls, and letters from the dog’s owner, their insurance company, or their attorney. You don’t know what will be useful down the line.
- Don’t agree to a settlement right away. You may be offered a quick payout that seems attractive at first, especially when medical bill collectors are knocking on your door. However, this will usually be much less than what you deserve.
The Importance of Qualified Legal Representation In a Dog Bite Case
While strict liability laws help hold owners accountable, things can become more complex if they claim their animal was aggravated or provoked. An experienced dog bite attorney near you can help you prove that the owner is exaggerating their claims or that your actions would not have provoked another dog.
At Mazow | McCullough, PC, we have the experience to represent you after a vicious dog attack, whether or not provocation is a factor. Contact us today for a free consultation at (978) 744-8000 or toll-free at (855) 693-9084.
