What Happens When a Dog Bites Its Owner in Massachusetts?
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When a dog bites its own owner in Massachusetts, the bite must be reported to the town’s Animal Inspector and the dog placed in a ten-day quarantine, exactly as if it had bitten a stranger, but the owner has no claim under the dog bite statute, because M.G.L. c. 140, sec. 155 makes the owner the person who pays. The quarantine rule, in the state rabies regulations at 330 CMR 10.05, applies “regardless of the vaccination status” of the dog. The bite can also lead to a dangerous dog hearing if anyone files a written complaint under c. 140, sec. 157. What changes the legal picture is who was bitten. A spouse, a child, a roommate and a paid dog sitter all stand in different places, and the same bite that gives the owner nothing to claim can give a household member or a sitter a real claim. This page walks through each of them, and through what an owner should do in the first ten days.
If someone in your home, or someone caring for your dog, was hurt and you want to talk it through, or if you were bitten by a dog you were caring for, call Jim Glaser Law at (617) JIM-WINS. The line is answered 24 hours a day, and the first telephone consultation is free.
The First Ten Days: Reporting and Quarantine
The Massachusetts rabies rules do not care whose hand the dog bit. They are written by the Department of Agricultural Resources in 330 CMR 10.00, and they apply to any domestic animal that has bitten or scratched a person.
Reporting. Under 330 CMR 10.04(1), “any person having knowledge” of a domestic animal that “has bitten or scratched another domestic animal or human” must report it immediately to the Animal Inspector in the city or town where it happened. The report covers the date, a description of the animal, where it is, and the owner’s name. Animal Inspectors are local officials nominated each year by the city or town and approved by the state under M.G.L. c. 129, sec. 15; in many places the animal control officer’s office is the practical point of contact. The rule is not limited to bites on strangers. A bite on the owner, or on a child in the house, is a bite on a human.
Quarantine. Once the Animal Inspector confirms a bite, 330 CMR 10.05 requires a written order placing the dog under a Ten Day Quarantine, and it says that quarantine “applies regardless of the vaccination status of the biting animal.” The regulation defines the quarantine as strict confinement of an apparently healthy animal, and strict confinement as keeping the animal in “an escape-proof, solid-walled building with a roof, approved by the Animal Inspector of the municipality.” The dog may be leash walked by an adult or under an adult’s direct supervision. In practice that often means the dog stays at home, if the Animal Inspector approves the home.
If the dog shows signs of rabies. If the dog shows symptoms compatible with rabies during the ten days, 330 CMR 10.05(2) requires that it be euthanized immediately and tested. Any animal that dies or is euthanized during the quarantine is submitted for rabies testing under the same section.
Vaccination. Separately, M.G.L. c. 140, sec. 145B requires every dog six months or older to be vaccinated against rabies, with a certificate and a tag on its collar, and sets a fine of not more than $100 for a violation. Have the certificate ready; the Animal Inspector will ask about it, and a doctor treating the bite will want to know.
Can a Dog Be Declared Dangerous for Biting Its Owner?
Yes, it can be. The quarantine is automatic; the dangerous dog process is not. It starts only when “any person” files a written complaint with the local hearing authority under M.G.L. c. 140, sec. 157, and the hearing authority must then investigate and hold a public hearing.
The statute’s definition of a “dangerous dog,” in M.G.L. c. 140, sec. 136A, is a dog that “without justification, attacks a person or domestic animal causing physical injury or death,” or that behaves in a way a reasonable person would believe poses an unjustified imminent threat. Nothing in that definition excludes the owner as the person attacked. Section 157 does list situations in which a dog may not be deemed dangerous: when the dog was only growling or barking, when the only basis is its breed, or when its reaction was not grossly disproportionate to being attacked, to defending itself or its offspring, to being teased, tormented or provoked, or to someone breaching its enclosure.
If the hearing authority deems the dog dangerous, section 157(c) requires one or more of seven orders, ranging from restraint and confinement on the premises to proof of $100,000 in liability insurance, permanent identification, spaying or neutering, and, as the last item on the list, humane euthanasia. The owner may petition the district court within 10 days under section 157(d) and may ask for a new hearing before a judge. The whole process is described in whether a dog will be put down for biting in Massachusetts.
| Ten-day quarantine | Dangerous dog hearing | |
|---|---|---|
| What starts it | Any confirmed bite or scratch on a person or domestic animal | A written complaint by any person |
| Source | 330 CMR 10.04 and 10.05 | M.G.L. c. 140, secs. 136A and 157 |
| Who decides | The town’s Animal Inspector | The local hearing authority, then the district court on appeal |
| Does vaccination change it | No, it applies regardless of vaccination | Not a listed factor |
| Usual result | The dog is confined at an approved location for ten days | Dismissal, a nuisance finding, or one or more dangerous dog orders |
Who Was Bitten Changes Everything
Section 155 is the Massachusetts dog bite statute. It says that if a dog “shall do any damage to either the body or property of any person, the owner or keeper” is liable, unless the person hurt was trespassing, committing another tort, or teasing, tormenting or abusing the dog. A child under seven is presumed not to have done any of those things. Read against that text, here is where each person in a dog’s household stands.
| Person bitten | Claim under c. 140, sec. 155? | What usually decides it |
|---|---|---|
| The owner | No. The statute makes the owner the liable party, and no one sues themselves | The owner’s own health insurance pays the owner’s own medical bills |
| A spouse or partner who does not own the dog | The statute has no family exception; “any person” can recover from the owner | Whether the spouse is also an owner or keeper, and the owner’s insurance policy wording |
| A child of the owner | Not excluded by the statute, and a child under seven is presumed not to have provoked the dog | Insurance policy wording about people who live in the household |
| A roommate or houseguest | Yes, on the same terms as anyone else, unless trespassing or teasing | Whether the roommate had possession of the dog, which would make them a keeper |
| A dog sitter, walker or kennel | Open question: the keeper is itself a party the statute makes liable | The facts of who had possession and what the owner knew and said |
| A groomer or kennel employee bitten at work | Workers compensation first, through the employer | A third party claim against the owner under c. 152, sec. 15 alongside comp |
Four of those rows need more than a line.
The owner
The owner’s position is simple and often surprising. The dog bite statute is a rule about who pays other people, and the owner is that person. An owner bitten by their own dog pays their own medical bills through their own health insurance. A homeowner’s or renter’s policy usually does not help either, because personal liability coverage is written to pay claims that other people make against the policyholder, not the policyholder’s own injuries. The policy itself controls, so read the coverage section rather than assuming.
Family members
Section 155 protects “any person.” It does not carve out spouses, children or relatives, and a child of the owner under seven gets the same presumption as any child. So a family member can have a claim under the statute against the owner. The more common obstacle is practical, not legal. A family member’s claim is usually a claim on the owner’s homeowner’s or renter’s insurance, and many policies exclude bodily injury to people who live in the policyholder’s household. Whether a particular policy does, and whether the injured person is a “resident” under its wording, is a question of the policy text and the living arrangement. A relative who lives elsewhere and was bitten on a visit is in a different position from a spouse who lives in the house.
A spouse or partner who shares ownership of the dog is not a third party at all. If both people own the dog, both are owners under section 155, and the analysis looks more like the owner’s row than the family member’s.
Dog sitters, walkers and kennels
Massachusetts defines a “keeper” in M.G.L. c. 140, sec. 136A as “a person, business, corporation, entity or society, other than the owner, having possession of a dog.” A friend watching the dog for a weekend, a paid walker and a boarding kennel can all be keepers while the dog is with them. Section 155 makes a keeper liable to people the dog injures, just as it makes the owner liable.
That creates a question the statute’s text does not answer directly: when the keeper is the person bitten, can the keeper recover from the owner under section 155? The text says the owner or keeper is liable to “any person”; it does not say whether one of the liable parties can claim against the other. A keeper may also have an ordinary negligence claim against an owner who knew the dog had bitten before and did not say so. Both questions turn on facts: who had possession, what the owner knew, and what the owner told the sitter. They are worth a lawyer’s review rather than a general answer.
Workers bitten on the job
A groomer, veterinary technician, kennel attendant or dog walker employed by a business is usually covered by workers compensation through the employer for a bite at work. Under M.G.L. c. 152, sec. 15, when someone other than the employer is legally responsible for the injury, the employee receives comp benefits and the employee or the insurer may also pursue that other person, with the comp insurer repaid from the recovery and any excess going to the employee. Whether the dog’s owner is legally responsible to a worker who had possession of the dog runs straight back into the keeper question above.
Answer Capsule
A dog that bites its owner in Massachusetts must be reported to the town’s Animal Inspector and placed in a ten-day quarantine under 330 CMR 10.04 and 10.05, regardless of its rabies vaccination status, and it can face a dangerous dog hearing under M.G.L. c. 140, sec. 157 if anyone files a written complaint. The owner has no claim under the dog bite statute, c. 140, sec. 155, because that statute makes the owner liable to others; the owner’s own health insurance covers the owner’s own treatment. Other people in the dog’s circle are different. A spouse, child or roommate who does not own the dog is “any person” under section 155, though household exclusions in insurance policies often decide what is paid. A dog sitter or kennel is a “keeper” under c. 140, sec. 136A, and whether a keeper can recover from the owner is a fact question the statute does not settle. Claims are generally subject to the three year deadline in c. 260, sec. 2A.
What an Owner Should Do After Being Bitten
The question people type is often “what do I do with my dog now.” The legal answer and the practical answer overlap more than people expect.
- Get the bite treated. A bite that breaks the skin can become infected, so have it looked at. A doctor will ask about the dog’s rabies vaccination, so have the certificate or tag number.
- Separate and secure the dog. Put the dog somewhere it cannot reach anyone, especially children or visitors, until you know what happened.
- Report the bite. The regulation puts the duty on “any person having knowledge,” so call the Animal Inspector or animal control officer in your town. Reporting is what starts the quarantine on the right footing.
- Follow the quarantine order exactly. Keep the dog confined where the Animal Inspector approved for the full ten days. Under M.G.L. c. 140, sec. 157A, failing to comply with an order of a hearing authority or a court is itself punishable, and a dog kept in violation of an order can be seized under sec. 157(h).
- Have a veterinarian examine the dog. A sudden bite from a dog that has never bitten before can have a medical cause, such as pain, and a veterinarian is the person to rule that in or out.
- Work with a qualified trainer or behaviour professional before deciding the dog’s future. Write down what happened just before the bite. That record helps them, and it is also the kind of detail a hearing authority asks about if a complaint is ever filed.
- If you decide to rehome the dog, tell the truth. If the dog has been deemed dangerous, M.G.L. c. 140, sec. 157A(c) forbids transferring it without informing the new owner of that finding. Even without a finding, the person who takes the dog becomes its owner or keeper, and a later bite becomes their liability under section 155.
Insurance, Deadlines and Records
For the owner’s own injury, the payer is the owner’s health insurance. For anyone else hurt by the dog, the claim usually runs to the owner’s homeowner’s or renter’s policy, as explained in who is liable for a dog bite in Massachusetts, subject to the household and other exclusions in the policy. If the dog is ever deemed dangerous, section 157(c)(iv) allows the hearing authority to order proof of at least $100,000 of liability insurance, or proof of reasonable efforts to get it.
Claims under section 155 are generally subject to the three year deadline for tort claims in M.G.L. c. 260, sec. 2A, measured from the injury. The general deadline rules are in the Massachusetts personal injury statute of limitations.
Keep the paperwork: the vaccination certificate, the Animal Inspector’s quarantine order, the medical records for the bite, and any veterinarian’s findings. If a complaint is filed, or if a household member or sitter makes a claim, those documents answer most of the first questions. For a dog that injured another animal rather than a person, see what happens when a dog bites another dog in Massachusetts, and for restraint rules, see Massachusetts dog leash laws.
Key terms
- Owner or keeper: the two people M.G.L. c. 140, sec. 155 makes liable for damage a dog causes; a keeper is anyone other than the owner who has possession of the dog.
- Animal Inspector: the local official, nominated by the city or town and approved by the state, who receives bite reports and issues quarantine orders under 330 CMR 10.00.
- Ten Day Quarantine: strict confinement for ten days of an apparently healthy animal that has bitten or scratched a person or domestic animal, required regardless of vaccination.
- Strict confinement: keeping the animal in an escape-proof, solid-walled building with a roof approved by the Animal Inspector, with leash walks only by or under the supervision of an adult.
- Dangerous dog: under M.G.L. c. 140, sec. 136A, a dog that without justification attacks a person or domestic animal and causes injury or death, or poses an unjustified imminent threat.
- Hearing authority: the local official or body, such as the select board, the mayor or the police chief, that hears nuisance and dangerous dog complaints under sec. 157.
Frequently Asked Questions
Q: What happens if my dog bites me in Massachusetts?
A: The bite should be reported to your town’s Animal Inspector, and the dog will be placed in a ten-day quarantine under 330 CMR 10.05, regardless of whether it is vaccinated. You have no claim under the dog bite statute, M.G.L. c. 140, sec. 155, because that statute makes the owner liable to others. Your own health insurance covers your treatment.
Q: Do I have to report it if my own dog bit me?
A: The regulation says yes. 330 CMR 10.04(1) requires “any person having knowledge” of a domestic animal that has bitten or scratched a human to report it immediately to the Animal Inspector in the city or town where it happened. It does not exempt bites on the owner.
Q: Will my dog be taken away for biting me?
A: Not because of the quarantine. A ten-day quarantine is usually served at an approved location, often the home, with the dog strictly confined. A dangerous dog hearing under M.G.L. c. 140, sec. 157 starts only if someone files a written complaint, and euthanasia is the last of seven possible orders, not the default.
Q: Can my spouse or child sue me if our dog bites them?
A: The statute does not prevent it. Section 155 makes the owner liable for damage to “any person” and has no family exception. In practice, such a claim is usually a claim on the owner’s homeowner’s or renter’s insurance, and many policies exclude injuries to people who live in the household, so the policy wording often decides what is paid.
Q: Can a dog sitter sue the owner after being bitten?
A: Possibly, but it is not straightforward. A sitter who has possession of the dog is a “keeper” under M.G.L. c. 140, sec. 136A, and section 155 makes a keeper liable to others just as it does the owner. The statute does not say whether a keeper can recover from the owner, and a negligence claim may depend on what the owner knew about the dog and told the sitter.
Q: Does it matter that my dog is vaccinated?
A: Not for the quarantine. 330 CMR 10.05 says the Ten Day Quarantine applies regardless of the biting animal’s vaccination status. Vaccination still matters: M.G.L. c. 140, sec. 145B requires it for dogs six months or older, and it matters for the medical care of the person bitten.
Q: Can I give away a dog that bit me?
A: You can, but if the dog has been deemed dangerous, M.G.L. c. 140, sec. 157A(c) forbids transferring it without telling the recipient about that finding. Whoever takes the dog becomes its owner or keeper, and liable under section 155 for any later bite.
Q: Is Jimmy Knows AI giving me legal advice?
A: No. This is general information about Massachusetts law, not legal advice, and reading it does not create an attorney client relationship. Whether any of it applies to your situation depends on facts a lawyer would need to review. For advice about your own matter, speak with a licensed Massachusetts attorney.
Talk to a Lawyer About a Bite at Home
If a dog bit someone in your household, or bit you while you were caring for it, call Jim Glaser Law at (617) JIM-WINS. The line is answered 24 hours a day, and the first telephone consultation is free. Personal injury matters are handled on a contingency fee, meaning no attorney fee unless there is a recovery; costs and expenses are handled separately and are explained in the fee agreement before anything is signed. For local pages, see dog bite claims in Boston, dog bite claims in Worcester and dog bite claims in Springfield.
This article is general legal information, not legal advice, and does not create an attorney-client relationship. Massachusetts law is fact-specific; telephone Jim Glaser Law about your particular situation. Past results do not guarantee future outcomes. Attorney advertising under Mass. R. Prof. C. 7.1 to 7.5. Responsible attorney: Jim Glaser, admitted in MA only, of counsel to Keches Law. Principal office: 77 Pond St., Sharon, MA. Most cases referred to other jurisdictionally licensed lawyers for principal liability.