Boston Injury Lawyer Blog

Lynn City Council's office maybe following in Boston's footsteps as the Massachusetts city considers an ordinance requiring all pit bulls in Lynn be muzzled while they're out in the street on a leash. "Dog bite injuries can be very serious," notes Boston attorney Neil Burns of the Law Office of Neil Burns, "cities should take steps they feel are appropriate in order to protect people from dog bite injuries and attacks."

"They're powerful animals," Lynn City Council President Tim Phelan said. And because of a recent wave a pit bull attacks on Lynn residents, he is proposing the ordinance take effect. "You just don't see yellow labs in the news attacking people all the time," Phelan said. What does Lynn City Council President Tim Phelan say to charges he is discriminating against one breed? "Tough," he said.

But Dr. Amy Marder of the Animal Rescue League of Boston noted that there is no evidence that such an ordinance results in a decrease in the reported rate of dog bite attacks. In addition, Dr. Martha Smith, director of veterinary medicine of the Animal Rescue League of Boston, opined that while she "understand(s) completely why people are desperate to find a solution, a muzzle law is not going to solve the problem." As for a muzzle law, these veterinarians noted that Boston already has one.

On Tuesday, June 15, 2010, Lynn City Council President Tim Phelan is expected to propose the ordinance to the rest of the Council. There will be a public hearing on the matter.

Boston and Massachusetts homeowners who also own dogs must disclose the fact that they own dogs to their homeowner's insurance company. "This is so important." says Boston injury attorney Neil Burns, who has represented many Boston residents with dog bite injuries, "if your dog bites someone, your homeowner's insurance may only offer coverage if you have previously informed them that you own a dog."

This point was recently illustrated in a case decided by the Appeals Courts. In Vermont Mutual Insurance Co. v. Eldridge, et al. (Lawyers Weekly No. 81-360-10), the trial judge had ruled that an insurance company had a duty to defend its policyholders who had been sued for injuries caused by their dogs. But the Appeals Court overruled the trial judge, finding that the trial judge erred because the policyholders did not inform the insurance company that they owned dogs when they applied for homeowner's insurance coverage.

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Massachusetts residents enjoy significant legal protection from vicious dog owners. In Boston, we have been representing victims of dog and other animal bite injuries in Boston, and throughout Massachusetts, since 1985. Each case is different, however, we have drafted this column for general reference for our clients.

The following is the full statute regarding the law in this matter:

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

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