Dogs attack humans on a daily basis.
In fact, the World Animal Foundation estimates that more than 4.5 million people are bitten by one every year.
Typically, holding an owner responsible for the actions of their violent dog is relatively straightforward thanks to Massachusetts’ strict liability laws.
But what if the animal has more than one owner?
Keep reading to learn how to approach this unique situation.
Understanding Liability for Dog Bites in Massachusetts
Under Massachusetts General Laws Chapter 140, Section 155, all owners shall be liable for any injuries caused by their dog, even if the animal was not aggressive or had no prior history of biting incidents and the owner was not negligent.
Further Reading: Dog Bites and Strict Liability – What You Need to Know
But what if a dog has more than one owner? This makes holding someone responsible for damages more complex.
Common Co-Ownership Situations
A dog may be co-owned in either a formal or informal arrangement. Here are some of the most common scenarios:
- A separated or divorced couple who shares custody of their pet
- Romantic partners who bought or adopted a dog together
- Roommates or family members who own a household dog
- Business partners or breeders who jointly own a dog
Who Do You Sue When a Co-Owned Dog Attacks Someone?
In many cases, a dog will have a legal or primary owner. This is usually the individual who appears on the animal’s vet records or their microchip registration but could be a different co-owner who was present or supervising the dog when the bite occurred.
Courts will also take into consideration where the bite happened, which owner provides the animal’s daily care, and if there are any written or verbal agreements between owners.
These details can determine whether one owner should be held more responsible for their dog’s attack than the other or if both are equally liable.
Situations Where Someone Else Besides an Owner Might Be Responsible
In some situations, none of the dog’s owners can be considered responsible for an attack. For example, if the dog was in the care of a groomer or veterinarian when it bit, then liability may fall on the shoulders of whoever was in control of the dog at the time.
How to Pursue a Dog Bite Claim Against More Than One Owner
Massachusetts law allows dog bite victims to hold any or all owners jointly and severally liable. This means you may be entitled to full compensation from one, some, or all the co-owners involved.
Start by identifying potential owners of the dog that bit you, including the person(s) whose home the dog lives in, anyone listed on veterinary or licensing records, co-signers on pet adoption or purchase records, and people who regularly care for or have control over the animal.
If you recover compensation from one co-owner, they may be able to compel other co-owners to contribute financially through a separate legal process. However, this should not affect your ability to recover your own damages as the bite victim. A qualified dog bite attorney can help make sure your compensation isn’t limited by disputes that may occur between co-owners after the fact.
How Our Qualified Salem Personal Injury Lawyers Can Help
If you or a family member were bitten by a dog, and you were harmed as a result, Mazow | McCullough, PC can help you hold the owner or owners responsible.
Contact us today to learn more about filing a claim after being bitten by a dog with multiple owners or to set up a free consultation to discuss your available legal options. Call now by dialing (978) 744-8000, or call us toll-free at (855) 693-9084.
