Liability of Dog Owners vs. Property Owners in Dog Bite Cases

April 4, 2025

Dog bite injuries can be physically painful, emotionally traumatic, and financially draining. If you or a loved one has been bitten, understanding who is legally responsible is crucial to receiving proper compensation. At Kiley Law Group, we’ve represented countless victims across Massachusetts and New Hampshire, helping them navigate the complexities of liability in dog bite cases. One of the most important distinctions in these cases is whether the dog owner or a property owner is legally liable, and in some situations, both parties may be held accountable.

Let’s break down the legal differences and what you need to know if you’ve been injured.

Dog Owner Liability in Massachusetts and New Hampshire

In both Massachusetts and New Hampshire, the primary liability typically rests with the dog owner. Massachusetts follows a strict liability statute, which means the owner is automatically responsible for injuries caused by their dog, even if the dog had never shown signs of aggression before. The law is outlined in Massachusetts General Laws Chapter 140, Section 155, and it states that the owner is liable if:

The victim was not trespassing;
The victim was not teasing or tormenting the dog;
The dog caused injury or damage.

New Hampshire similarly follows a strict liability approach under RSA 466:19, meaning the dog’s history or the owner’s knowledge of the animal’s behavior doesn’t exempt them from liability. If their dog causes injury, they’re responsible.

In both states, victims have the right to pursue damages for medical bills, lost wages, pain and suffering, disfigurement, and more.

When Property Owners May Be Held Liable

While dog owners are the primary defendants in most bite cases, property owners may also be held liable in certain scenarios, particularly when they are not the dog’s owner but had control over the premises where the incident occurred.

Common scenarios include:

Landlords allowing dangerous dogs on rental properties despite being aware of prior aggressive behavior;
Business owners who allow customers to bring dogs onto the premises;
Property owners who “harbor” or “keep” a dog they do not technically own but have taken responsibility for.

The key legal concept here is "duty of care." If the property owner knew or should have known about the potential danger and failed to take reasonable steps to prevent harm, they may share in the liability. For example, if a landlord knows a tenant owns a dangerous dog and fails to act, even after complaints, they could be partially liable for a resulting bite.

Comparative Liability: Can Both Be Sued?

Yes, in some cases, both the dog owner and the property owner can be held legally responsible. This is especially true when:

The dog owner is a tenant, and the landlord ignored prior complaints or warning signs.
The bite occurred on commercial property, and the business allowed the dog to remain despite knowing the risk.
Multiple parties exercised control or custody over the animal.

Under these circumstances, an experienced personal injury attorney can pursue damages from multiple sources, increasing the chances of full compensation for the victim.

Real-World Example: Tenant’s Dog Bites a Visitor

Imagine a situation where a tenant owns a dog with a known history of aggression. The landlord receives several complaints but takes no action. One day, the dog bites a visitor in a common area of the apartment complex. In this case, the tenant (dog owner) would clearly be liable under strict liability laws, but the landlord may also face liability for negligent failure to act, particularly if the bite occurred in a shared or public area they controlled.

What Should Victims Do After a Dog Bite?

If you’ve been bitten by a dog, time is critical. Here are the immediate steps you should take:

Seek medical attention – Even minor bites can lead to infection.
Identify the dog and its owner – Get names, contact info, and vaccination records.
Report the incident – File a report with animal control or your local police department.
Document everything – Take photos, keep medical records, and write down exactly what happened.
Contact an experienced dog bite attorney – Like the experienced attorneys at Kiley Law Group.

We help dog bite victims understand their rights and pursue the maximum compensation allowed under state law. Whether the dog owner, property owner, or both are responsible, our team will uncover the facts and build a strong case on your behalf.

Dog bites are not just minor accidents—they can leave lasting injuries and trauma. At Kiley Law Group, we understand the legal nuances in cases involving both dog owner and property owner liability. If you’ve been injured, don’t try to navigate this complex area of law alone. With over 50 years of experience and more than $1 billion won for our clients in Massachusetts and New Hampshire, we’re here to fight for your rights and ensure that justice is served.