This case study examines a dog attack in Freetown, Massachusetts that resulted in both bite injuries and a serious shoulder injury after the victim was knocked to the ground while protecting her dog. Early disputes over liability and causation required prompt litigation, neighborhood investigation, and medical analysis. By establishing the dog owner’s failure to secure the property and linking the shoulder injury directly to the attack, the case was resolved through mediation with a significant settlement for the client.
Overview
The Law Office of Mazow McCullough represented a woman from Freetown, Massachusetts who was seriously injured during a dog attack while walking her own dog in her neighborhood. What began as a dog bite case evolved into a more complex injury claim involving a significant orthopedic injury. The matter required early litigation, neighborhood investigation, and expert analysis to overcome liability disputes and establish the full extent of the client’s damages.
Client’s Situation
The client was working from home and took her dog for a walk during her lunch break. While walking through her neighborhood, a larger dog suddenly emerged from the backyard of a nearby property and began aggressively attacking her dog.
In an effort to protect her pet, the client picked her dog up and attempted to retreat. The attacking dog repeatedly jumped at her, biting her legs and ankle area. During the struggle, the dog knocked her to the ground before the owner intervened and restrained the animal.
As a result, the client suffered puncture wounds to her legs that left scarring, as well as a serious injury to her left shoulder from the fall.
Initial Legal Challenges
Early in the claim, the dog owner’s insurance company disputed liability. The insurer asserted that the incident occurred because the client’s dog had trespassed onto the dog owner’s property and provoked the attack. This version of events was based on inaccurate information provided by the dog owner when reporting the claim.
Because of this dispute, it became necessary to move quickly into litigation to secure evidence and establish the true cause of the attack.
Investigation and Liability Evidence
A lawsuit was filed early in the process to allow for depositions and formal discovery. The legal team canvassed the neighborhood in search of video footage, including Ring cameras. While no video captured the attack itself, the investigation revealed critical physical evidence.
Photographs and site inspections showed that the dog owner’s yard lacked a proper fence. Large sections were missing, leaving no effective barrier to prevent the dog from leaving the property. This made it clear that the attacking dog was able to escape the yard freely and enter the street, directly leading to the attack.
The condition of the property contradicted the dog owner’s claim and demonstrated a failure to control the animal.
Injury Disputes and Medical Proof
Once liability was established, a second challenge emerged regarding the extent of the client’s injuries. While the dog bites and scarring were straightforward, the insurance company questioned whether the client’s shoulder injury and subsequent surgery were related to the attack.
The client required surgery on her left shoulder after being knocked to the ground. The defense argued that the shoulder injury may have been unrelated or pre-existing.
This issue was addressed through careful review of medical records and expert analysis. Ambulance and hospital records documented immediate shoulder pain at the scene and upon arrival at the hospital. A review of the client’s prior medical history showed no pre-existing shoulder issues. This timeline clearly connected the shoulder injury and surgery to the trauma of the fall during the attack.
Strategy and Resolution
The case strategy focused on early, aggressive action rather than waiting for medical treatment to conclude. By filing suit promptly, securing evidence, and addressing liability disputes head-on, the firm positioned the case for resolution once treatment was complete.
The matter ultimately resolved at mediation, where the insurance company agreed to a settlement of $450,000. The resolution reflected both the physical injuries suffered by the client and the long-term impact of the shoulder injury and surgery.
Conclusion
This case demonstrates the importance of early investigation and decisive action in dog attack claims, particularly when liability is contested. By uncovering property conditions, disproving inaccurate accounts, and establishing medical causation through records and expert support, the Law Office of Mazow McCullough secured a strong outcome for the injured client.
The result highlights the firm’s commitment to acting quickly, addressing defenses directly, and building a complete case from the outset.
For more information, visit helpinginjured.com or call 978-744-8000.
