Submitted by Anonymous on Thu, 09/02/2010 - 14:32
I know that there is strict liability for dog bites in Massachusetts, but does anyone know what the common practice is when writing complaints for dog bites? What I need to know is do you just claim strict liability or do you claim strict liability AND regular negligence?
I'm also wondering if a standard negligence claim is actually ruled out by the strict liability law.
Just want to cover all the bases here.
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Editor's Response
Well, when lawyers talk about strict liability they mean that the burden on the plaintiff is lower, and the plaintiff need not prove the classic elements of a negligence case (that the dog owner owed a duty to the injured party and breached that duty through action or inaction). It is enough to show that the defendant owned or controlled the dog and that the dog caused injury and/or damage.
Because the calculation of damages in a dog bite case can be complex, I always recommend that potential plaintiffs work with a personal injury attorney. For example, in some cases, you may be entitled to triple damages for a dog bite. Your complaint, therefore, may need to include such a claim. So, for that and other reasons, I'm not comfortable trying to describe what your complaint should look like. (It smacks of legal advice, something we do not provide on this website.) If you are determined to do it on your own, try visiting the Massachusetts Trial Court Law Libraries. The librarians are very helpful and may be able to help you locate some forms that you can use as a model for your complaint.