Mahoney

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      • Kevin J. Mahoney
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    • Column One
      • Drug Offenses
      • Crimes of Violence
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      • Obstructing Justice Offenses
      • White Collar Crimes
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    • Column Two
      • Cyber Crimes
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      • Representation Before DCF
      • Dangerous or Nuisance Dog Defense
  • What Should I Do?
    • Cloumn One
      • Selecting a Winning Lawyer
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      • Right to a Telephone Call
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      • Coping With Stress of Court
      • Bill of Rights
      • Mass Declaration of Rights
      • Street Encounters or Terry Stops
      • Cooperating With DEA or Police
    • Column Two
      • Common Defenses
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      • Reasonable Doubt
      • What to Wear to Court
      • How to Behave in Court
      • Overview of the Justice System
      • Massachusetts Criminal Defense Lawyer
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  • Forensics
    • Column One
      • Forensic Experts
      • Preserving the Crime Scene
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      • Autopsy
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    • Column Two
      • DNA Evidence
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Dangerous or Nuisance Dog Defense

For a dog owner, preserving the life of his canine friend is paramount following a complaint that his dog has bitten or attacked someone. The potential consequences of such a complaint are serious. Indeed, it could result in your dog being restrained, confined, muzzled, removed from your care, or euthanized. The Mahoney Trial and Litigation Group is a team of highly qualified trial attorneys, forensic experts, and paralegals dedicated to fortifying, safeguarding, and championing our clients, including dogs. Attorney Mahoney is the owner of an 11-year-old Rottweiler, so he is well aware of how important a dog can be to an owner or family.

There are, of course, other considerations and worries for dog owners. In Massachusetts, under G.L. c. 140, § 155, the individual allegedly bitten can bring a civil lawsuit against the dog owner for damages. If the dog owner is covered by home insurance, the insurance carrier will very likely be responsible for providing a lawyer to the dog owner and covering the cost of the defense.

Complaints

Under G.L. c. 140, § 157, an individual, such as a neighbor, may file a complaint, with the city or town authority, that your dog is a nuisance or even dangerous. Pursuant to G.L. c. 112 § 12z and 330 CMR 10.04, healthcare providers are required to report any bite by a domestic animal of a person, within 24 hours of the alleged event, to the Animal Inspector of the city or town wherein the bite occurred. The manner with which a municipality conducts an investigation varies.  However, once a dog biting incident is reported to a local animal control officer, police, etc., the municipality will usually hold a hearing to determine if the dog is dangerous.

Defenses

According to G.L. c. 140, § 157, no dog should be deemed dangerous on nothing more than growling or barking or the breed of the dog. If the dog’s alleged aggressiveness or behavior was in response to another animal or a person and not grossly disproportionate to the circumstances, the dog should not be labeled “dangerous.”  For example, a dog’s reaction should not be considered disproportionate if he was protecting or defending himself, any offspring, another domestic animal, or a person from attack. Further, if the complainant was teasing, tormenting, battering, assaulting, injuring or otherwise provoking the dog, the dog should not be deemed dangerous. Moreover, if the complainant had intruded into an enclosure or structure, including within a fenced in area, the dog should not be blamed for any aggressiveness – unless the “intruder” is a child.  

Hearing

The authority responsible for determining whether or not a dog qualifies as a nuisance or is dangerous will investigate the allegations, including examining witnesses at a public hearing. Following the hearing, the authority has the power to: 1) dismiss the complaint; 2) declare the dog a nuisance dog; or, 3) deem the animal a dangerous dog.  If the authority declares the dog a nuisance it may order the owner to take remedial action to ameliorate the cause of the nuisance behavior. If the hearing authority deems the dog dangerous, it is required to order the dog: 1) humanely restrained; 2) confined indoor or in a securely enclosed pen; 3) muzzled or restrained with a chain; and/or 4) humanely euthanized. The authority also has the power to order the owner of the dog provide proof of insurance in an amount not less than $100,000.00 insuring the owner or keeper against any claim related to the dog, provide to the licensing authority information by which a dog may be identified, throughout its lifetime including, such as photographs, videos, veterinary examination, tattooing or microchip implantations, and/or spay dog.

Fortunately, the dog owner is allowed to appeal to the District Court for relief from the decision of the municipality.

Mahoney Trial & Litigation Group

Attorney Kevin J. Mahoney began his career serving as a Judicial Law Clerk to the Connecticut Superior Court working exclusively on civil litigation issues for the Superior Court Justices. As an associate of Lecomte, Emanuelson, Tick & Doyle, Mahoney won a verdict of $389,000.00 following a nine-day trial.

Many, if not most, Massachusetts civil litigators have tried few, if any, cases before juries. No lawyer, no matter how intellectually gifted or well-educated, can acquire the skills necessary to succeed at trial work absent practice. Attorney Mahoney’s trial skills were honed in hundreds of courtroom battles. He is, in fact, battle tested.

If you need representation in a dispute over a companion animal, kindly contact our office. We would be delighted to assist you.

Kevin J. Mahoney is a Cambridge Criminal Defense Lawyer.

Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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Kevin J. Mahoney’s New Book Coming Soon

The Title IX Sexual Harassment Handbook

"Attorney Mahoney is currently authoring an authoritative and strategy driven compendium on investigating and defending Title IX sexual assault cases for lawyers, students, and universities. The book will be available through James Publishing within months."

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