State laws › MA
Dog bite law in Massachusetts: what you have to prove, and who pays
- Framework Strict liability
- Covers Any injury
- Damages Full damages available
Broad strict liability for any damage to body or property, with the strongest protection for young children of any statute reviewed here.
The rule
- It covers damage to the body or property of any person.
Chapter 140, § 155 is not limited to bites. Any damage the dog causes is within it, and the dog's history is irrelevant.
- There are two defenses.
The owner or keeper escapes liability if the injured person was committing a trespass or other tort at the time, or was teasing, tormenting or abusing the dog.
- For a child under 7, the burden flips.
If the injured person was a minor under 7 years old, the law presumes the child was not trespassing, committing a tort, or provoking the dog. The dog's owner has to prove otherwise. In practice this means an insurer defending a young child's claim on provocation has to affirmatively establish it rather than simply assert it.
Worth knowing
Connecticut has a parallel presumption for children under 7 at C.G.S.A. § 22-357. Most states have nothing like it.
Who the claim is actually against
In most Massachusetts bite claims the money comes from the dog owner's homeowners or renters liability coverage rather than from the owner personally. Liability limits commonly run from $100,000 to $500,000, and the coverage usually follows the dog off the property. Policies routinely exclude specific breeds or dogs with a documented bite history, which is the single most common reason an otherwise good claim goes nowhere.
How homeowners coverage works in a bite claim →
The deadline
There is a filing deadline in Massachusetts and it is shorter than most people expect. It can be shortened further if a city, county or state entity is involved, and it can be extended if the injured person is a minor. The general personal injury period is commonly cited as 3 years (M.G.L. c. 260, § 2A), but do not rely on that figure — including from this page — without confirming the date that applies to your facts with a lawyer licensed in Massachusetts.
What to do next
If the injury was treated and is healing, there is no lasting scarring, and nobody is disputing what happened, this is the kind of claim most law firms will not take — and the kind you can often handle yourself. The Claim Kit covers it end to end.
If a child was bitten, there is scarring anywhere visible, you needed surgery or a specialist, there is nerve damage, you are still in treatment, or the insurer is denying coverage, talk to a lawyer before you sign anything.
Last reviewed August 2026 · Corrections welcome