Massachusetts Personal Injury Blog

Information Regarding the Ving Rhames Dog Attack Case

Kudos to the Boston Injury Lawyer Blog for this post on recent developments on the tragic dog mauling death that occurred last week on actor Ving Rhames' property.  Here is part of the post:

Police have identified the man who was mauled by dogs on the Brentwood property owned by movie star Ving Rhames as Jacob Adams. Adams lived on the property and had been employed to take care of the actor’s dogs.

Medical examiners are still trying to determine whether Adams died as a result of the numerous dog bites he sustained during the attack or from heart failure during the attack.

Animal services have confiscated an English bulldog and three bull mastiffs that were living on Rhames’ property.

New "Massachusetts Lawyers Weekly" Publication for Non-Lawyers

Massachusetts Lawyers Weekly, a weekly publication for lawyers on news and developments in Massachusetts law, has recently launched Exhibit A.  Exhibit A is a monthly newsletter written by lawyers and intended for non-lawyers.  It is written in a way which makes the law a little less confusing and easier to understand.  It is a FREE monthly publication you can pick up at most MBTA stations.  The newsletter covers many different legal topics which you may find useful if you have specific legal questions, or, if you are just interested in the law generally.

My Dog Bit/Attacked Someone. Can I Be Sued?

Yes, you can.  It is your homeowners insurance policy which provides liability coverage to you for these accidents.  It is imperative that you contact your insurance carrier immediately after the accident.  Once you report the event, your carrier will conduct an investigation and will begin communicating with the victim's attorney.  Since the Massachusetts dog bite statute is a strict liability statute, most dog bite and dog attack cases settle without the necessity of litigation.  But, If a lawsuit is filed against you, your Massachusetts homeowners carrier will, pursuant to your policy, provide you with an attorney to defend the case.

Therefore, if your dog bites or attacks someone do not worry, because you are insured.  If you are not insured, you would be wise to hire a personal injury attorney to defend the case.

Truly Unique Blog About Dog Bite Prevention

Forget everything you have heard.  The real way to ward off a dog attack is to attack the dog and fight back!  Don't laugh, although I know it is hard not to.  Check out this blog; it is truly one of a kind:  Defending Yourself Against Dog Bites.

Some Advice for Massachusetts Dog Bite Victims

It is very important that Massachusetts dog bite victims be informed about what they can do to protect their rights.  I came across the following from a great blog authored by Providence, Rhode Island personal injury attorney Mark B. Decof which provides solid personal injury information.  Here it is:

"* Obtain immediate emergency treatment, giving the medical provider a detailed account of the attack.

* Immediately notify the police and your local animal control department of the attack and insist that a report be completed and the dog be checked for disease and whether it is vicious, to prevent injuries to others.

* Take numerous, detailed photographs (close-ups) or a video of your injuries.

* Do not discuss the dog bite attack or your medical condition with any representative of the insurance company for the dog owner, until you have consulted with an attorney.

* Contact a lawyer with experience in handling dog bite cases."

Great Article and Information About Massachusetts Dog Bites

Boston personal injury attorney Kenneth N. Margolin has written a great article on Massachusetts dog bites, and the law surrounding these accidents.  Here it is:

"In a 19 year period from 1979 through 1998, the federal Center for Disease Control, reports that more than 300 Americans died from dog bite attacks. Giving an idea of the scope of the danger - an astounding 800,000 Americans sought medical care because of dog bites in a single reported year. Most dog attacks involved a lone dog, and not surprisingly, while any breed of dog can bite, pit-bulls, pit-bull type breeds, and rottweilers were responsible for more than 50% of the fatal dog attacks. Children under the age of 15 are at greater risk than adults, with the youngest children being at the greatest risk of death or severe harm should a dog attack. Children may not know how to approach a dog, how to back off from a threatening dog, and how to avoid actions that a dog may perceive as threatening or challenging.

Massachusetts has a strict liability dog bite law that affords a high degree of deference in the tort system, to victims of dog bites. Strict liability in the context of the dog bite statute, means that if you are bitten by a dog, the owner or keeper is liable to you for your injuries, whether or not the owner was negligent, and whether or not the dog had dangerous propensities that the owner knew or should have known about. In other words, the owner is as liable for an attack by a previously docile cocker spaniel, as he would be for an attack by a vicious pit-bull. The dog owner can defeat liability only by showing that the bitten person was either trespassing or committing another tort, or teasing, tormenting, or abusing the dog. If the dog bites a child under 7 years of age, it is presumed that the child was not trespassing or bothering the dog, and the dog owner must prove affirmatively that the child was doing so.

Since there is no need to prove negligence in a dog bite case in Massachusetts, the strength of the case boils down to four elements: (1) can ownership or control of the dog be proven; (2) will the plaintiff be able to defeat any attempt by the dog owner to claim the plaintiff was trespassing or teasing or abusing the dog; (3) what are the damages; and (4) as a pragmatic matter - is the dog owner either a property owner with significant assets or insured by a homeowners or other policy that covers him for dog bites. If all of those elements are in place, dog bite cases are worth pursuing. A dog attack can be terrifying and cause long-lasting psychological as well as physical trauma, especially to a young child. Emotional suffering, in addition to physical injury, is an element of damages in a dog bite case."

Rethinking Dog Bites In Massachusetts

This story comes courtesy of Eyewitness News/Providence - New Bedford:

Figures show some dogs do have bites worse than their barks

BOSTON Pit bull maulings might grab the headlines, but statistics show that all kinds of dogs bite -- even the small and cuddly ones.

The state Department of Public Health reports that about 20-thousand people were treated for dog bites in hospital emergency rooms in Massachusetts between the years 2002 and 2004. Last year -- according to the Boston Herald -- more than 150 people were bitten severely enough to be admitted to hospitals. Fall River Dog Officer Melissa Sevigny says the popular perception that the bigger or more vicious breeds of dogs are most to blame is not the case. She says it's the little dogs that bite -- and often they do more damage than the big ones.

What Are The Dog Bite Laws In Massachusetts?

This is a very common question.  Here is a good explanation provided by bostonist.com:

The owner of a dog is responsible for damages caused by that dog to people or property, and if a dog bites a person, it doesn't matter what precautions the owner took, unless the person was "teasing, tormenting, or abusing" the dog, or trespassing. People who are "keepers" of a dog owned by someone else also can't sue the owner for damages. That means veterinarians and folks who live with, walk, and feed a dog although it was purchased by someone else. And children under seven who are attacked by dogs are presumed not to be teasing, tormenting, abusing, or trespassing. Also, under a 1974 Appeals Court decision, a properly trained attack dog can be considered a dangerous weapon, and its owner can be charged with assault and battery with a dangerous weapon in the right circumstances. Most garden-variety citations for unruly or unleashed dogs, though, are based in the law of a particular city or town.

Tags: Dog bite laws in Massachusetts and Massachusetts dog bite information

Interesting Article On Dog Bites In Massachusetts

Here is an excerpt of an article provided by MetroWest Daily News on dog bites in WMassachusetts:

When people buy dogs, they need to understand what they’re getting into, experts on canine behavior say. The animals come equipped with a bark, they need attention and care -- and sometimes they bite.  Other cities and towns that topped the list include Newton with 58 bites, Shrewsbury with 37, and Natick with 35. Milford rounds out the top five with 29 dog bites.

Although animal control officers yesterday said any breed will bite if not cared for properly, there are some that stand out in the public’s mind as consistently dangerous.  Framingham Police Deputy Chief Steven Trask organizes dangerousness or viciousness hearings for dogs, and "the majority of those hearings are for pit bulls," he said.  "Some owners, not all, but some owners, buy pit bulls for the sole purpose of a status symbol or a symbol of strength," Trask said. "Some of those owners do teach that pit bull to be aggressive.

"You can do that with most dogs, (but) the majority of the attacks or viciousness hearings are pit bulls or some type of pit bull mix."  Franklin Animal Control Officer Cindy Souza, however, said she has seen cases involving just about every breed of dog out there.  While the 2004 statistics say 25 bites occurred in Franklin, the next year, bites increased by more than 30 percent to 33. Already this year, Souza said, she has responded to 18 bites.

Like most MetroWest communities, Waltham has a leash law, which requires dog owners to keep dogs on a leash at all times. That law, Campobasso believes, helped to dramatically cut down on dog bites.

      

Brockton Man Is Mauled By Pit Bull

The Boston Herald today reported on a vicious pit bull attack on a Brockton man.  Here is the full story:

The hound from hell that mauled a barefoot and shirtless Brockton man outside a Memorial Day weekend cookout has gone on the attack in the past at least once, according to officials.

Deuce, who bit 49-year-old Leslie Talis 30 times Sunday, is quarantined at Brockton Animal Control as dog officers investigate a May 2004 mauling. There may be more cases as well, said Supervisor of Animal Control Tom DeChellis. “We’re not sure if the person was sent to the hospital. We’re not sure if the owner was cited,” he said.

The pit bull’s owner, Gary Ellis, who lives three doors down from Talis, isn’t the original owner, said Talis’ daughter, Kim, who watched helplessly as the dog tore into her dad in front of their home.

The dog had its rabies shots, but the deep bites on her dad’s thighs and chest have kept him in the hospital for three days, she said. Ellis could face fines for having an unlicensed dog and violating the leash law, but will not be charged criminally, DeChellis said. Brockton’s police chief could also order the dog be muzzled, quarantined or euthanized, he said.

Brockton battled about 10 years ago to ban pit bulls after a high school girl was bitten, but there were too many legal pitfalls, said Brockton Mayor James E. Harrington, who was a city councilor at the time.

“It’s a public safety concern,” he said. “I don’t know why anyone would want to own one of these dogs.”

Tags: dog bites and attacks and Massachusetts dog bites