Dog Bites, Dangerous Dog Hearings, and Your Legal Rights in Massachusetts
- Jeremy Cohen
- Jan 16
- 2 min read
Insights from Boston Dog Lawyers with a criminal defense perspective
Dog ownership in Massachusetts carries serious legal responsibility. When a dog bite, allegation of aggressive behavior, or animal control investigation occurs, owners may face dangerous dog hearings, housing disputes, or even criminal exposure.
In a recent podcast discussion, Attorney Jeremy Cohen of Boston Dog Lawyers spoke with Attorney Matthew W. Peterson, a Boston criminal defense attorney and founding attorney of the Law Office of Matthew W. Peterson, about how dog law issues often intersect with criminal law and why early legal guidance matters.
Massachusetts Dog Bite Liability and Dangerous Dog Proceedings
Massachusetts applies strict liability to dog bite cases, meaning owners are generally responsible for injuries caused by their dog regardless of past behavior, unless limited statutory exceptions apply (Mass. Gen. Laws ch. 140, § 155). According to Attorney Cohen, these cases often begin as civil claims but can quickly expand into animal control investigations and court proceedings.
After a reported bite, authorities may order quarantine, investigate the incident, and determine whether a nuisance or dangerous dog complaint should be filed under state law (Mass. Gen. Laws ch. 140, § 157). Understanding What Municipalities Can — and Can’t — Do When Regulating Dogs in Massachusetts is critical at this stage, as local officials must follow specific statutory limits when imposing restrictions or penalties.
Attorney Cohen explains that not all complaints result in a dangerous dog designation. Nuisance dogs typically involve non-dangerous conduct such as excessive barking, while dangerous dogs in Massachusetts are those that pose a serious risk of physical injury or death, and Massachusetts law makes clear that a dog cannot be declared dangerous based solely on breed or barking alone (ch. 140, § 157).
In severe cases, courts may impose strict confinement requirements or, in rare circumstances, euthanasia, but owners retain the right to seek judicial review of dangerous dog determinations through the district court process (ch. 140, § 157).
When Dog Law Expands Into Housing, Family, and Criminal Issues
Dog law issues frequently extend beyond bite cases. Attorney Cohen notes that emotional support animal disputes in housing, pet custody conflicts during divorce or restraining order cases, veterinary negligence claims, and regulatory changes such as Ollie’s Law can all carry legal consequences under Massachusetts law.
Attorney Peterson adds that criminal defense concerns may arise when police are involved, allegations of animal cruelty or reckless conduct are made (Mass. Gen. Laws ch. 272, § 77), or court orders restrict an owner’s rights, making coordination between dog law and criminal defense counsel especially important.
Final Perspective for Massachusetts Dog Owners
Dog-related legal issues move quickly and can carry lasting consequences. Understanding how strict liability, dangerous dog statutes, municipal authority, and potential criminal exposure intersect under Massachusetts law can help owners protect both their rights and their dogs before a situation escalates.
