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vicious dog with history of biting and attacking bit wife

Hello. My wife and me were walking down a street near our home but on the other side. This one neighbor who sort of lives behind us has a pit bull who I KNOW has at least one bite on his record and I think maybe more. Anyway the dog bit my wife on the leg and she had to go to the hospital for some stitches and couldn't walk for two days and missed work. I read the other posts about triple damages if you get a dog bite from a vicious dog or one that has bitten other people before but how do I find out about this dog's history. Thanks.

Hello:Sorry to hear about

Hello: Sorry to hear about this incident. I would not assume treble damages, when dealing with any insurance company. Although the Massachusetts dog bite statute is strict liability, there are defenses the dog owner can avail him/herself of. Also, the insurance company (assuming there is insurance), will work the case over so that you get as little compensation as possible, if you are handling the case without an attorney.
 
Attorney Chris Earley

Vicious dog under MA law

Attorney Earley is correct:  Experience is valuable in this, or any other type, of personal injury case.  Under Massachusetts General Laws Chapter 140, Section 159 your wife may be able to collect triple damages for the dog bite if the dog had a "record" so to speak.  Specifically, the statute mentions dogs that the selectmen, chief of police or county commissioners "have ordered to be restrained."  This usually happens after an initial bite and a determination that the dog is "vicious." I would start by contacting your city animal control officer.  If such records are not maintained by her, she would certainly know where they are and who you should contact.  If that doesn't work out, try calling the town or city clerk's office.

Evaluating this type of case, and considering such important issues as who to sue and what damages may be available, can be somewhat complicated.  For that reason, among others, I agree that the victims of dog bites talk to a personal injury attorney with experience dealing with bite cases.  Good luck, and I hope your wife feels better.

 

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