Question
You are going to the Hair Salon at the Chestnut Hill Mall in Newton, Massachusetts. While you are waiting at the Salon, the owner comes
You are going to the Hair Salon at the Chestnut Hill Mall in Newton, Massachusetts. While you are waiting at the Salon, the owner comes in with his Leonberger dog on a leash. The owner is distracted by his conversations with various personnel in the salon and you, without asking, pet the dog. The dog bites you. You would like to sue the owner but his insurance company tells you that, since you petted the dog without seeking the owner's permission, you were in fact a "trespasser" as defined in M.G.L. c. 140 155. They say that, as a trespasser, you cannot maintain a suit for damages. Is this a correct understanding of the law?
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