Liability concerns
Many people have brought up legal liability for MayDOG and/or the town as concerns when discussing the establishment of an OLRA on Maynard town land. The following statute governs dog owner liability issues in Massachusetts:
THE GENERAL LAWS OF MASSACHUSETTS, PART I. ADMINISTRATION OF THE GOVERNMENT, TITLE XX. PUBLIC SAFETY AND GOOD ORDER
CHAPTER 140. LICENSES
DOGS
Chapter 140: Section 155. Liability for damage caused by dog; minors; presumption and burden of proof
Section 155. If any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, is under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action.
It’s also important to note that studies conducted in California have shown that, in two communities with equally sized dog populations, the community without an OLRA reported the larger number of dog bites. In fact, communities with OLRAs typically have dog-bite rates that are less than 60% of the national average!
