Dog Related Legislation in Massachusetts
Dog Related Legislation in Massachusetts
Liability for damage caused by dog; minors; presumption and burden of proof
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.
Source: Chapter 140: Section 155 of the General Laws of Massachusetts (see
http://www.state.ma.us/legis/laws/mgl/140-155.htm)