Massachusetts Senate Bill S1118

Massachusetts 2023-2024 Regular Session

• Introduced: 2/16/23
• Refer: 2/16/23

Caption

Further clarifying dog bite liability

Impact

The impact of S1118 is significant as it aims to provide clearer guidelines for liability in dog bite incidents. By explicitly stating the circumstances under which an owner may not be held responsible, it seeks to establish a more precise legal framework. This change is designed to protect dog owners from potential unjust claims while ensuring that victims of dog bites have a clear understanding of their rights and the conditions under which they may seek damages.

Summary

Bill S1118, titled 'An Act further clarifying dog bite liability', seeks to amend the existing legislation regarding the responsibilities of dog owners. Specifically, it modifies Section 155 of Chapter 140 of the General Laws. The bill stipulates that if a dog causes damage to a person's body or property, the owner or keeper is liable for such damage unless certain conditions are met. These conditions include scenarios where the injured person was trespassing, teasing, tormenting, or abusing the dog at the time of the incident, or if the injured person acted with gross negligence.

Contention

The notable points of contention surrounding this bill may revolve around concerns related to public safety and the rights of dog owners. Advocates for the bill argue that it strikes a necessary balance between protecting animal owners and ensuring accountability. However, opponents may raise issues regarding the adequacy of protections for victims, questioning whether the new stipulations could unintentionally deter individuals from seeking justice in the case of dog attacks, especially in situations where the line between negligence and innocent interaction with a pet is nuanced.