Reported in the Lawyers Weekly
On May 29, 2006, the plaintiff was riding his bicycle in Brookline, Massachusetts when a dog came out of adjacent bushes and ran into his bike. This collision caused the rider to fall off the bicycle, landing on his left hip and head.
As a result of the fall, this 62 year-old gentleman required left hip surgery which required plates and pins to be inserted. His medical bills exceeded $87,000. He missed a good deal of work and it took quite some time before he could walk again.
The law in Massachusetts regarding injuries caused by dogs is one of strict liability. This essentially means that the dog owner or keeper is responsible for any injuries caused by his dog, regardless of whether the owner or keeper committed any wrongdoing. In any event, this dog was not on a leash of any kind.
The insurance company offered the dog owner’s $100,000 homeowner policy, which was all that was available to the injured plaintiff.
