How do I prove that the dog bite was the owner's fault?
In Massachusetts, the owner of a dog may be held liable for any injuries caused by the animal to another person, regardless of the owner’s prior knowledge of its dangerous propensities. To prove that the dog bite was the owner’s fault, an injured person must show that the owner had a duty to take reasonable steps to protect against the animal’s biting and that the owner failed to do so. The owner must have had knowledge of the animal’s dangerous propensities, or should have been aware of them. If the owner knew that the animal had been aggressive in the past, it can be argued that the owner was negligent in not taking steps to prevent further attacks. In addition to proving that the owner had knowledge of the animal’s dangerous propensities, the injured person must prove that the owner failed to take reasonable steps to protect against the animal’s biting. This could include muzzling the animal, keeping it in a securely fenced yard or on a leash when out in public, or properly supervising the dog when it is around people. The injured person may be able to prove that the owner was aware of the animal’s dangerous propensities by introducing evidence of prior incidents, witnesses, or testimony from a veterinarian. The injured person can also introduce evidence that the owner failed to take reasonable steps to protect against the animal’s biting, such as security camera footage of the animal running around without a leash, or photographs of the animal’s enclosure that were insufficient to keep it from attacking someone.
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