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."

Lynn is not the only city dealing with the problem. There are reports this week of a Hyde Park pit bull attacking a 12 year old, a Boston pit bull attack, a Quincy bit bull attack resulting in a broken leg, and an Andover bit bull attack. As everyone knows, pit bulls can be wonderful pets. However, they are disproportionally responsible for vicious attacks. This is because they can be trained to harm and have powerful jaw and a disposition to not let up. Unfortunately, local ordinances are not necessarily the answer.

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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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