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Waltham · Middlesex County

Dog Bites Lawyer for Waltham, MA

If a dog bit you in Waltham, the owner or keeper is liable under M.G.L. c. 140, sec. 155 without any proof the dog had bitten before; the only defenses are that you were trespassing or teasing, tormenting or abusing the dog, and a child under seven is presumed to have done neither.

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What Waltham residents should know about dog bites

Massachusetts is a strict-liability state for dog attacks under M.G.L. c. 140 sec. 155. The owner or keeper of the dog is liable for the injury without any need to prove the animal had bitten before or that the owner knew it was dangerous, so the common-law one-bite rule does not apply here. The statute provides only two defenses: that the injured person was trespassing, or that the person was teasing, tormenting, or abusing the dog at the time. A child under the age of seven is presumed by the statute not to have done either, which strengthens claims involving young children. Recovery usually comes from the owner's homeowner or renter insurance. The three-year limitations period under M.G.L. c. 260 sec. 2A applies. Jim Glaser Law evaluates Massachusetts dog-bite cases at no cost. Dog-bite matters are accepted on contingency, meaning no attorney's fee unless and until the matter resolves with a recovery to the client; case-related costs and expenses are addressed in the written fee agreement.

The full Massachusetts rules, statutes and typical timeline are on the dog bites page; this page covers what is specific to Waltham.

Courts that serve Waltham for dog bites matters

Under M.G.L. c. 218, sec. 1, Waltham is in the judicial district of the Second District Court of Eastern Middlesex, which also covers Watertown and Weston. Waltham is in Middlesex County, so a Superior Court case brought by a Waltham resident goes to the Middlesex Superior Court.

A District Court civil case can be filed in the district where any party lives or has a usual place of business, or in an adjoining district (M.G.L. c. 223, sec. 2). Where the event happened does not decide it.

CourtWhat it hearsDistrict or address
Second District Court of Eastern MiddlesexCivil claims up to $50,000Waltham, Watertown and Weston
Middlesex Superior CourtCivil claims over $50,000200 Trade Center, Woburn, MA 01801

First steps

  1. Get medical care and keep every record. Cambridge Hospital (CHA) and Mount Auburn Hospital are among the hospitals listed for Middlesex County, and the firm requests the records itself once you sign an authorization.
  2. Know the court: the Second District Court of Eastern Middlesex hears claims up to $50,000 and the Middlesex Superior Court hears larger ones.
  3. Call (617) JIM-WINS before you file or appear, so the deadline and the right court are checked against your facts.

Key terms

Judicial district
The towns one District Court division serves, as listed in M.G.L. c. 218, sec. 1. The Second District Court of Eastern Middlesex serves Waltham, Watertown and Weston.
Venue
The county or district where a case may be filed. Massachusetts sets it by where the parties live or work (M.G.L. c. 223, secs. 1 and 2).
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What do Waltham residents most often ask?

  • Which District Court covers Waltham?

    Under M.G.L. c. 218, sec. 1, Waltham is in the judicial district of the Second District Court of Eastern Middlesex, which also covers Watertown and Weston.

  • Where does a Superior Court case go from here?

    A Superior Court case is filed in the county where one of the parties lives or has a usual place of business (M.G.L. c. 223, sec. 1). For someone who lives in Waltham, that is Middlesex County, and the Middlesex Superior Court sits at 200 Trade Center, Woburn, MA 01801.

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This page is legal information for $Waltham, Massachusetts readers, not legal advice for any particular matter. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, Massachusetts.

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