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I was bitten by a neighbor’s dog a year ago, can I file a personal injury lawsuit now?

Each state has a law that sets a deadline for filing a personal injury lawsuit in the state’s civil court system after an accident. This law is called the “statute of limitations,” and the state of Massachusetts gives you three years to file a personal injury lawsuit.

The three-year time limit typically starts on the day of the accident, which would be the case in the event of a dog bite. If you don’t get your lawsuit filed within three years, you’ll lose your right to have a court hear your injury case.

Many states have a “one bite rule” where dog owners are protected (to some degree) from injury liability the first time their dog injures someone if they had no reason to believe the dog was dangerous. In Massachusetts, however, a specific statute makes the owner “strictly liable.”

The strictly liable laws state regardless of the animal’s past behavior, the dog owner is responsible for a personal injury caused by his/her dog. The dog bite statute holds the defendant liable if the plaintiff was legally allowed to be where he was when the bite occurred, and the plaintiff did not provoke the dog at the time of the dog bite.

If you have questions regarding a personal injury case, contact our office today.