General Laws of Massachusetts, Chapter 140: Section 155. Liability for damage caused by dog; minors; presumption and burden of proof. 

Section 155. If any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, is under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action.

 

If You're Involved in a Dog Bite or Dog Attack:

What do I do if I get bit by a dog?
Under Massachusetts law, you may have the right to file a claim against the owner or keeper of a dog that bites or injures you.  It is not required that the dog actually bite you.  If the dog causes an injury such as a trip and fall, bicycle or motorcycle accident or other injury without even touching you, you may have a right to file a claim.

What should I do after I get bit by a dog?
The first thing you should do is get medical treatment and insure that the dog's shots are up-to-date.  Therefore, it is essential that you identify the owner of the dog and find out as much information as you can about the vaccination status of the dog.

How much is my claim worth?
Like any personal injury claim, the value of your dog bite or dog injury claim depends on several factors including the severity of your physical injury, the duration of your symptoms, any scarring or disfigurement that results and finally any impairment to any activities of daily living which you may experience.

How long will it take me to retain a recovery for my dog bite or injury case?
The length of time it takes to obtain a recovery depends on first and foremost how long it takes you to heal from your injury.  Your lawyer should not even begin to attempt to settle your case until you have reached a medical end result.  What this means is that you are either fully healed or you are as healed as you are going to be.  That determination is made by your doctors who will treat your injuries. When your injuries are healed, your lawyer will attempt to settle the case with the insurance company or owner of the dog.

What if the owner of the dog has no insurance?
Ordinarily, if a dog owner owns a home, they will have homeowner's insurance coverage. However, many insurance companies recently adopted exclusions in their policies for injuries caused by a dog. If there is no insurance or if there is an exclusion for injuries caused by dogs, then the only recourse will be to pursue the owner of the dog individually.