Brookline Dog Bite Lawyer
When dogs attack, the results are often traumatizing experiences and terrible injuries. Victims can face an uphill battle healing from the physical and mental trauma that a dog attack can put them through. In some cases, the scarring may never go away.
With the legal representation of a Brookline dog bite lawyer, you may be able to recover the compensation for your damages and losses that would help you to the end of your recovery process and ensure you live a full life after the attack. For help with recovering damages, get in touch with a seasoned injury attorney today.
Statute of Limitations Requires a Lawsuit Within Three Years
Victims of dog bites are required by state law to bring their cases to the courthouse within a certain amount of time, or risk them being dismissed quickly for violating the statute of limitations. For dog bites, the applicable statute of limitations is Massachusetts General Law Chapter 260 § 2A, which requires the case to be filed within three years of the dog bite. With that in mind, victims should consult a Brookline dog bite lawyer well before this deadline to ensure their case is crafted with the care and attention necessary to present a convincing argument for compensation.
The Details of Brookline’s Dog Bite Law
While most legal claims for compensation after suffering an injury are filed against the person or party that hurt the victim, this is not technically the case for dog bite injuries. The dog may be the responsible party, but is incapable of compensating the victim. Therefore, state laws have been created to ensure the victim can recover compensation from the dog’s owner, even though they may not have even been present at the time of the injury.
In Brookline, the pertinent dog bite law is found at Massachusetts General Law Chapter 140 § 155. This law does not just cover dog bites – it covers all injuries that were caused by dogs, including scratches or even muscular injuries caused by a dog’s jumping on a victim, knocking them down, or even just leaning against them. It also forces a dog’s owner to compensate victims for their dog’s conduct, even if they did not know about their dog’s vicious or dangerous tendencies. This makes Brookline’s laws are much better for dog bite victims than other state’s laws, which often require a dog owner be put “on notice” of their dog’s aggressiveness before holding them liable for the injuries they cause. Discussing a case with a Brookline dog bite lawyer can help victims more fully understand their rights and decide whether to invoke their rights to compensation against the dog’s owner.
Provocation and Children
A common aspect of a dog bite case is whether the dog was provoked into attacking. Brookline’s dog bite statute protects a dog owner from liability if the person who was attacked was either trespassing on the owner’s property or was provoking the dog. What amounts to “provoking,” though, becomes a fact-intensive question that requires the investigative and advocacy skills of a Brookline dog bite lawyer.
However, there is one important exception to the provocation defense to a dog bite claim. Children under the age of seven are presumed to have not provoked a dog under the law. This shifts the burden of proof to the dog owner to show that the child was the source of provocation, and that the resulting attack was excusable.
How a Brookline Dog Bite Attorney Can Help
If you or your child has been hurt in a dog attack due to a dog bite or some other injury, hiring an attorney can ensure that the correct arguments are put forward that satisfy the dog bite statute and prove that the dog owner should be held accountable. This includes proving that the dog attacked without provocation and overcoming the dog owner’s claims to the contrary.
A Brookline dog bite lawyer who is well-versed in the dog bite statute can be a helpful person to have on your side. Contact an attorney today for the help you need.