Dogs may be considered “man’s best friend,” but they have sharp teeth and powerful jaws that can do a significant amount of damage. While an untrained bite is destructive, dogs that have been trained to attack can cause even greater harm.
We go over New Hampshire and Massachusetts dog bite laws below and what you should do if you or someone in your family were hurt by a vicious dog.
What Is an “Attack-Trained Dog?”
An “attack trained dog” is generally considered a canine that has been trained to attack a human either on sight, by command, or by perceived provocation. While police dogs most commonly fit into this category, other dogs may also be considered attack-trained if their owner has taken purposeful steps to teach the animal how and when to bite a person.
While it may seem that training a dog to attack will prevent it from using deadly skills in the wrong situation, this only serves to confuse the animal more. Depending on the situation, a dog that regularly engages in attack training may find it difficult to accurately judge when a violent response is genuinely needed.
Strict Liability Laws Hold Dog Owners Responsible No Matter What
In Massachusetts and New Hampshire, dog owners have complete responsibility for their dog’s behavior. This is called “strict liability” and means that the owner can be held accountable for any time their dog bites or attacks someone else, even if that animal had never shown aggressive behavior.
Ultimately, whether or not the dog was trained to attack has no impact on your ability to file a claim or pursue compensation for your injuries.
Read more about dog bite laws near you:
What You Need to Know About Dog Bite Law
Do Breed-Specific Laws Reduce Dog Attacks?
Liability For Dog Bites Under a Sitter’s Watch
Dog Bite Laws in New Hampshire
Leash Laws in Massachusetts and New Hampshire
Dangerous Dog Laws in Suffolk County
Massachusetts Animal Control Laws and Dog Safety
Dog Bites, Negligence, and Strict Liability (Video)
Extreme Negligence May Increase Your Dog Bite Claim
While you can hold the owner responsible in any dog bite case, you may be eligible for additional compensation if you can prove the owner was extremely negligent or purposely trained their dog to cause harm to others. These are called punitive damages and are awarded rarely, usually only in situations where the defendant’s actions were egregious and resulted in catastrophic injuries.
However, you would need to present certain evidence in order to be successful. For example, you will need to show that:
The owner trained their dog
Courts will require you to prove that the owner intentionally and actively trained the dog. Otherwise, the defendant will likely try to say the animal became violent on its own.
The training was vicious in nature
Next, you’ll need to show evidence that the training the dog received was vicious in nature and not standard puppy training. An ideal piece of evidence in a case like this would be a witness statement from the dog trainer saying they specialize in attack training and confirming they trained the dog in question.
That the dog’s training directly caused your injuries
Finally, it must be established that the dog used its training when it attacked you and that its actions caused your injuries. If the dog simply pushed you to the ground and caused a head injury, this likely would not be considered above and beyond a normal attack.
But if the dog bit a specific area and did not let go until given a command, this would lend more credibility to the argument that the dog was essentially weaponized.
Calculating Your Damages
The amount of compensation a dog bite victim should receive is typically determined by putting a numerical value on the degree of injury compared to the degree of owner negligence. This is generally done using a standard mathematical formula that takes into account various factors related to the incident.
The more severe your injuries are and the greater the owner’s negligence, the more you stand to gain from filing a dog bite claim.
When to Contact a Qualified New Hampshire & Massachusetts Dog Bite Attorney
If you were injured by a dog that you suspect was purposely trained to attack, you’ll need help holding the owner accountable for their actions. Get started today by calling our Salem, MA office at (978) 744-8000 or toll free at (855) 693-9084 or contacting us online. Your initial consultation with us is free.
