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Evidence tending to demonstrate a dogs vicious propensities includes evidence of a prior attack, the dogs tendency to growl or snap or bare its teeth, the manner in which the dog was restrained, the fact that the dog was kept as a guard dog, and a proclivity to act in a way that puts others at risk of harm.
If the victim provokes the dog to attack, he or she may not sue under the statute. Provocation can include teasing, tormenting, hitting, or abusing the animal. Even unintentional provocation, such as disturbing its food, stepping on its tail, or invading its space, may serve as a defense for the owner.
Pursuant to M.G.L. c. 112 12z and 330 CMR 10.04, healthcare providers must report any bite by a domestic animal to a person within 24 hours, to the Animal Inspector* of the city or town where the bite occurred.
If the owner of the dog claims provocation as a basis for a defense, the burden is on the defendant to establish: You provoked the dog or were engaged in an activity which would cause a dog to act in the manner it did, such as, trespassing, engaging in criminal conduct, etc.
An owner can be convicted of a misdemeanor if: they recklessly, knowingly, or intentionally failed to take reasonable care to restrain their dog. the dog leaves the owners property, and. the dog thereby injures someone with an unprovoked bite or other attack.
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Here are some things that may provoke dogs to bite: Startling a dog, waking one up suddenly, or sneaking up from behind (such as small children tend to do) Hurting a dog, even by accident. Running away from a dog quickly (even in play, this could provoke a dog and turn play into aggression)
To care for the wound: Stop the wound from bleeding by applying direct pressure with a clean, dry cloth. Wash the wound. Apply an antibacterial ointment to the wound. Put on a dry, sterile bandage. If the bite is on the neck, head, face, hand, fingers, or feet, call your provider right away.
What Is Considered Provocation in a Dog Bite Case? Provocation occurs when an individual takes an action either intentional or unintentional that causes the dog to experience a radical change in its behavior, typically resulting in aggression out of a sense of self defense.

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