Boston residents who have been bitten by a dog might wonder how a “Beware of Dog” sign can affect their right to bring a claim for damages. While such signs are intended to warn humans, they do not automatically protect dog owners from liability.
In fact, a “Beware of Dog” sign may work in your favor by showing that the owner knew their dog was potentially dangerous.
Understanding how the law treats these situations is crucial in ensuring you receive the compensation you deserve.
Massachusetts follows a strict liability rule for dog bites, which means dog owners are almost always responsible for injuries their dogs cause. This applies even if the dog has never shown aggression or a warning sign, like a “Beware of Dog” sign, was posted.
The only exceptions to this strict liability rule are if at the time of the attack the victim was trespassing, provoking the dog, or acting unlawfully.
A “Beware of Dog” sign doesn’t automatically immunize the owner from liability. It has to be examined to determine if the sign was conspicuous, if the owner knew his or her dog was vicious, and if they took sufficient precaution to make others safe.
Boston courts focus on the facts of each case rather than relying solely on the presence of a warning sign or the dog’s history.
Another aspect is that strict liability laws cover lawful visitors, such as postal or delivery personnel, so they are also protected even if there is a warning sign present.
There is a statute of limitations for dog bites in Boston. This means you have three years from when the dog bit you to file a legal claim. If you fail to do so within that time period, you will likely lose your right to claim money from the individual responsible for your injuries.
If you want to successfully make a dog bite claim in Boston, you will need to be clear that the dog owner is liable for your injuries. This is what you will prove:
You should demonstrate that the dog directly caused the injuries you have.
To do this gather good evidence such as medical records that detail your treatment, photos of the injuries taken shortly after the attack, and statements from people who witnessed what happened. These details are very important in connecting the dog with the injuries.
Massachusetts law defends people who were lawfully on the property or in a public space when the attack took place.
For instance, you have received permission to enter the premises or were performing your job- such as delivering a parcel; you are protected.
However, trespassing or provoking the dog in any way, including teasing or threatening it, might damage your case and make it difficult for you to prove you are entitled to compensation.
The owner may post a “Beware of Dog” sign, but he must still do everything reasonable to control his dog. The reason is the dog should be kept restrained and properly trained and secured within his property boundaries.
If the owner didn’t do such things, for example by letting the dog at large or failing to mend a broken fence, he or she could be considered negligent. Negligence of this kind makes your case stronger, since it shows the owner didn’t do enough to have prevented the attack.
If you can demonstrate all three of these factors, your case will become a stronger one, and a greater likelihood of receiving compensation for your injuries exists.
If you’ve been bitten by a dog, taking immediate action can protect your health and legal rights. Follow these steps:
A dog bite injury lawyer will help guide you through the legal process, ensuring your claim is as strong as possible. He or she can also help you find evidence such as medical records, photos, and witness statements to prove your case.
Lawyers also handle tough negotiations with insurance companies so that you are not left short-changed on settlement. If this becomes necessary, they can be your litigator; they will fight for fair compensation.
If you’re seeking a Boston dog bite lawyer, DiBella Law Office offers free consultations and operates on a no-win, no-fee basis. Their experienced legal team is dedicated to securing justice and fair compensation for dog bite victims.
Here is what you may be eligible to recover if a dog bites you in Boston. This money will allow you to recover.
Dog bite claims result from injuries that are often severe, and for which you may need immediate medical care such as stitches or surgery. Compensation can compensate for those immediate visits, such as ER and then compensate for all the other care that may be needed, such as physical therapy or rehabilitation.
It also covers the cost of medications, follow-up visits, and even mental counseling if you require it for an emotional boost following the trauma of the attack.
If your injuries are such that you cannot work, you can recover income lost to your recuperation period. It doesn’t matter if you missed a couple of days or several weeks.
In situations where the injuries will result in permanent disabilities, you may also be able to recover for future loss of earnings if you’re unable to go back to work or to perform at or near the level that you performed at before.
Dog bites also lead to more than mere physical scars. They lead to emotional distress, anxiety, and even PTSD. Compensation for pain and suffering should account for these non-economic damages, including the mental and emotional effect and loss of enjoyment in your life.
For instance, if the attack made you fear walking out of your house or even engaging in any activities you loved, this is accounted for in your claim.
The dog may have torn some of your belongings during the attack, including tearing your clothes or breaking your glasses. You can request compensation for their repair or replacement as part of your claim.
A “Beware of Dog” sign may add legal twist to a dog bite case, but it in no way excludes the owner from his liability under Massachusetts law. Be it on, or off the owner’s property, you are entitled to seek damages against the owner for your injuries.
Probably, a skilled Boston dog bite injury lawyer can raise your odds of getting just settlement. The attorney will help you navigate the legal system and handle negotiations so that your rights are taken care of.
Christopher DiBella is the founding partner of DiBella Law Injury and Accident Lawyers. He knows the pain of injury from his own family’s experiences.
Chris earned his Bachelor’s degree from Boston University, graduating cum laude, and his J.D. from Suffolk University Law School. Among his many awards and recognitions are The National Trial Lawyers Top 25 Motor Vehicle Trial Lawyer, Top 100 Civil Plaintiff Lawyer, and Super Lawyers Rising Star.
With both skill and genuine empathy, Chris is dedicated to helping clients turn their struggles into successful outcomes.
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