The report of the attack is terrifying. A 12-year-old friend of the victim called 9-1-1 while the two Rottweilers, both guard dogs, were mauling the victim. The two boys had been visiting the dogs for months and petting them through the fence without incident. On the day of the attack, the older boy climbed over the fence, and the animals set upon him after he fiddled with his cell phone.

The police officer who saved the boy acted courageously, and the boy’s mother credits the officer with saving her son’s life. Ironically, he was previously the target of an investigation concerning his work ethic, and it appears that whatever issue existed has now fallen firmly by the wayside. While these guard dogs were contained on their property when the attack occurred, they were both euthanized voluntarily after the horrific tragedy.

Massachusetts authorities have indicated the dog owner apparently did not comply with a state law requiring that guard dogs be registered with the local fire department. Further, there were suggestions that the boys had previously scaled the fence to visit the dogs without incident, though that was not independently confirmed. It was not reported whether there were any warning signs concerning the guard dogs.

Massachusetts is what is known as a strict liability state when it comes to dog bite injuries. Nevertheless, legal issues of trespass may come into play if the parents of the boy intend to pursue a personal injury claim for reimbursement of monetary damages sustained as a result of the animal attack. When an individual suffers serious injury from a dog bite, it may make good sense to gain an understanding of their legal rights under the law, based upon a careful review of all of the facts and circumstances surrounding the incident.

Source: Revere Journal, “Boy, 14, Mauled by Two Guard Dogs,” Seth Daniel, March 28, 2013

In the Cape Cod community of Dennis there were nine dog bite reports in June alone. Four more were logged in July. A prior ACO said that, in her many years on the job, she had never before seen as many as nine reported dog bite cases in one month. It is reported that there are over 1800 licensed dogs in Dennis alone.

The current Dennis ACO said that at least some of the recent dog bite attacks could have been prevented. She reiterated that no one should approach a strange dog, even those that appear friendly. One should not make the assumption that it is okay to touch a dog. Further, owners are cautioned to keep their dogs on a leash in well populated areas unless the animal is voice trained.

The apparent increase in dog bite attacks in this Cape Cod town begs the question: what do you do if you have been bitten? Clearly, the first order of business is to seek medical attention, recognizing that the medical provider will likely report the incident to the local ACO. Those who are seriously injured have options under Massachusetts law. Animal bites are frightening, and our courts are available to those who have suffered injury and seek reimbursement based on claims of negligence that caused or contributed to any damages sustained.

Source: Wicked Local Website/Dennis, “In Dennis, dog bites are on the rise,” Nicole Muller, Aug. 10, 2012

The family has lived in the town for more than a year and a half and has displayed Beware of Dog signs in their backyard. While the selectmen consider the matter, the family has been ordered to muzzle the dog, have the animal examined at the Lowell Humane Society and post more Beware of Dog signs in the front of their home.

The first attack occurred on May 1 when a neighbor came by for an arranged visit. The dog owner claims she was not able to get the animal leashed in time, and the dog bit the visitor on the hand, requiring seven stitches to close the wound. The second attack happened on June 12 as a couple, who had been hired by the homeowners to trim trees on the property outside a fenced area for the dog, was finishing their work. The homeowner let the dog outside, apparently thinking the workers had left. Instead, the dog attacked the female worker, and she received extensive tissue damage on her forearm as a result of the dog bite.

The town selectmen adjourned their hearing concerning the 70-pound dog until July 16. An animal control officer has already reported to them that a public safety issue exists. She has formally requested that the selectmen order the dog removed or disposed from the community.

As Chelmsford struggles with the appropriate measures to take to ensure the safety of its citizens, the two people injured must cope with recovering from their wounds. There is perhaps nothing much more frightening than being overpowered in a dog bite attack, especially an unprovoked one. Each injured victim in this instance likely has the option to turn to Massachusetts courts to seek monetary relief to reimburse them for their medical expenses and other damages, including pain and suffering occasioned by the disturbing incidents.

Source: Wicked Local Chelmsford, “Chelmsford selectmen considering dog’s future,” Molly Loughman, June 26, 2012