Snapshot of Dog Bite Laws in Minnesota
Laws associated with dog bites in Minnesota come from two sources: the Minnesota dog bite statute and the common law. Under the Minnesota dog bite statute, set forth at Minnesota Statutes §347.22, the owner or custodian of a dog is strictly liable for damages to a person who is attacked, bitten, or injured by a dog while in a public place or while lawfully on private property. The statute applies when the dog comes into contact with the person, regardless of the aggressiveness, viciousness, or prior behavior of the dog; an injury results from the biting or attacking; the dog is owned or in the legal custody of the owner at the time of the attack; and the attacking dog is not acting in defense of a person or its property. The victim does not need to prove fault, intent, or the pet owner’s awareness, knowledge, or notice of the propensity of the dog to bite or attack people. In addition, the statute does not apply if the injured person was trespassing, abusing, torturing, or committing a crime or act of torment to the dog.
Minnesota common law, particularly the Restatement of Torts , also imposes liability on dog owners for injuries to people. The Restatement of Torts principles impose liability on the owner of a dog (whether or not the dog has bitten someone in the past) if the owner had knowledge that the dog has previously bitten or tended to bite humans, if the owner has knowledge of the dog’s dangerous propensities, and if a reasonable person under the circumstances would have concluded that the risk of injury to the person was outweighed by countervailing benefits that placing the dog with the person would provide to other members of society. If the injury occurs after the dog’s prior aggressive acts, then the injured person need not show that the owner had knowledge of the dog’s dangerous temperament.
In addition, Minnesota law recognizes defenses to the strict liability for a dog attack as set forth in Minnesota Statutes §347.26. The victim will not be able to recover damages if he or she was committing trespass, provoked the injury by tortuous conduct, or knowingly and unreasonably put him or herself in harm’s way with respect to the dog. Notably, the victim cannot recover if he or she was attacked because he or she was teasing the dog—a recognized provocation. Minnesota law also exempts assistance and guide animals for persons with disabilities from the strict liability statute.
Strict Liability in Minnesota Dog Bite Incidents
Strict liability as it relates to dog bite cases can be a little confusing and is an important distinction to know about. Strict liability means that for any attack where someone is able to prove the above elements your only defenses would be for actual excited provocation by the trespasser or that the dog was not de jure owned by the person that is being sued. Otherwise you are going to be found liable for strict liability. This means liability without fault.
So for example, let’s say that you are at your neighbor’s house and your neighbor has a dog that they know bites and they do nothing to make sure that the dog is kept away from your children. If their dog bites your child, their home insurance will likely cover all of the damage done because they did not properly protect people from the known danger of their dog. I have seen many times a person claim that their dog is safe with children even though they have witnessed their dog bite before.
In Minnesota, a dog’s breed is irrelevant. So if in the past you have seen your neighbor’s pit bull bite someone and you take your children to play at the same neighbor’s house anyway and they get bit, you and your children are going to win.
Strict liability in Minnesota dog bite cases makes it easy for people to get paid for their injuries and damages when they are bitten or attacked by dogs. This means that for places like daycares, schools, and people that have dogs in your building you should have those entities’ insurance information in case you or your child is ever injured by one of their dogs.
Legal Duty of Care for Dog Owners
Legally, dog owners in Minnesota are required have their dog on a leash and under control at all times, otherwise they could be responsible for the injuries which their animal may cause under certain circumstances. If you are bitten by a dog in Minnesota, the question your lawyer will ask is: did the dog owner meet their responsibilities to keep their dog on a leash and/or fence their yard so that their dog could not escape? Did they put "beware of dog" signs on their fence, for example?
As discussed in detail in the section on dog bites, the law in Minnesota sets forth that when keeping a dog on a leash does not prevent a dog from running away or attacking, the requirement that the dog owner keep the dog restrained is virtually non-existent. In that case there is a very high likelihood that the dog owner will be held liable for the dog’s actions.
Minnesota law also requires that a dog’s owner exercise reasonable care to restrain a dog using such tools as a fence, tether, muzzle, or an underground electronic dog fence. In addition, when the owner knows or has reason to know that his dog has attacked someone in the past, which attacks should be known to the owner, which are rebuttably presumed to be the proximate cause of events leading to damages, the dog owner is negligent if he continues to allow the dog to run on the owner’s premises.
Commonly Used Dog Bite Defenses
Defenses against dog bite claims are very fact based. For example, if the person causing the dog bite was trespassing or other illegally on the property or actively trying to harm the owner or the dog, there is a chance the dog owner will get out of liability.
Provocation or Aggravation
It is an extremely high probability in any dog bite case to show that the plaintiff has provoked the dog immediately prior to the event causing the injury. This is particularly true for cases involving child victims. A child can be quiet and still, then suddenly scream and run towards the dog. The dog’s natural instinct is to chase. Dogs can and will bite if they feel threatened or provoked. Provocation is a complete defense to the strict liability of the dog owner. The dog owner is not liable if the dog acts aggressively because it was provoked by the victim. Just "looking" like you or the family maid beat and neglected the dog is not provocation. The dog must be scared to the point of fear for its life and/or safety by the victim’s action. It’s not objective provocation but subjective provocation by the victim. If the person was not part of the intentional act that caused the dog’s aggression, the dog owner has the burden to prove the victim provoked the dog.
Trespass and other illegal activity
Similar to provocation, the trespass or illegal act of the victim is a complete defense to strict liability of the dog owner. The trespass or illegal activity of the victim is one extension of provocation that can relieve the dog owner of liability. However, a person who has permission to enter and remain on the premises of the dog owner cannot be considered a trespasser. As in provocation, a trespasser may be liable for his injured pets.
What to Do After a Dog Bite
If you are bitten by a dog in Minnesota, there are a number of steps that reputable authorities advise you to take: Eminent authorities cited by the Minnesota Department of Human Services note that victims have a much greater chance of avoiding long-term health complications if they respond quickly by washing the bite site with soap and warm water. Dr. Thomas C. Weiss, Chief of Staff of the Department of Surgery at the University of Minnesota Hospital, advises victims to wash the area with soap and water for at least 15 minutes and to scrub with a brush as needed. If you do not have a serious wound that requires medical attention, the Minnesota Department of Human Services recommends that you immediately apply an antibiotic ointment such as Neosporin and cover the site with a dry dressing. If the bite does require medical treatment, as most do, you should schedule a doctor’s visit to get a thorough checkup and treatment within eight hours of sustaining the bite. Once you’ve taken care of any medical issues, your next step in the process is to contact your insurance company. Depending on your policy , your dog bite claim may be covered under your homeowner’s or renter’s insurance policy. Minnesota law requires property and casualty insurance policies that include coverage for personal liability and medical payments to others provide coverage for damages caused by a dog owned by the insured. Your policy may also provide coverage for lost wages and medical bills even if the dog is owned by someone other than the insured. If the responsible party doesn’t have insurance, the hospital will probably send you a medical lien so that if you collect later, your health care provider will have first rights to the proceeds. Minnesota law requires dog owners to provide proof of rabies vaccination for all dogs that are more than six months old, and rabies vaccination is highly recommended for all dogs to prevent the state’s residents from being exposed to this often fatal virus. If animal control is able to obtain proof of the dog that bit you, you may be in luck, but if that record is unavailable, you will probably get a rabies shot. After sustaining a dog bite, if you are unsure whether it was caused by a dog that was normal and healthy or one that was rabid, you should immediately consult with a medical professional to reduce the chance of potentially fatal symptoms.
Damages for Dog Bite Victims
A dog bite can have consequential and long-lasting effects on your life. From the physical scars to the mental trauma, the impact of a dog bite can be life-altering. Fortunately, if you are bitten by the dog of another, you are entitled to compensation for your injury, pain and suffering, and other damages. Victims of dog bites may be compensated for any of the following types of damages: Minnesota dog bite law is part of the subject matter of the general tort law, or personal injury law, of which our firm has broad experience with. An understanding of this area of the law as it applies in Minnesota is essential to obtaining the maximum compensation which might be reasonably available to you for your injuries. In addition to paying for immediate medical expenses, victims of dog bites often need money for surgeries arising from the bite, as well as possible long-term care. You should not be responsible for these expenses. Your dog bite lawyer will help to prove that your injuries were directly related to the dog bite and seek compensation for those losses. Pain and suffering is the legal terminology referring to the physical discomfort you experience after your dog bite. Victims of dog bites endure pain, suffering, and other emotional trauma. Making a claim for compensation allows a chance to hold the dog owner responsible for these costs.
Recent Legal Cases and Precedents
One noteworthy recent case is Albrecht v. Clapp. In this case, the Minnesota Supreme Court held that in order to demonstrate a dog’s dangerous propensity, the injured victim must show evidence of a prior incident where the dog caused injury to a person or another animal. This recommendation aims to ensure that an "isolated incident cannot result in a finding of strict liability." This recommendation may assist in balancing the interests of dog owners and victims of dog bites. Another significant ruling occurred in McMillan by Ely v. Brunner. The case involved a woman who was attacked by a dog after entering its owner’s home by mistake. The nearby homeowner had observed the woman enter the home and called 911. He then entered the home in an attempt to help the woman because he heard her scream. While he was shutting the door to prevent the dog from escaping, he was bitten. The Minnesota Supreme Court ruled that the state’s dog bite statute did not impose liability upon the dog owner because his actions did not fall within the scope of the statute. According to the Court, the intent of the law was to protect persons who "enter[] the property under circumstances entitling them to be there," which are persons picking up a lost pet or delivering mail. The court also acknowledged that opening a door to assist a person may present an exception to this general rule, but in this situation hospitalization did not constitute "emergency care" as defined in the law. In summary, while Minnesota’s dog bite statute outlines general liability principles, the application of these principles in the context of specific facts will be determined by recent case law.
Finding Legal Representation for Dog Bite Cases
Victims of dog bites would be wise to seek out the assistance of an experienced personal injury lawyer as soon as possible after the incident. As a general matter, victims can find and retain a corresponding legal professional online or by making inquiries with legal associations. Seek out attorneys with an extensive background in animal bite claims, particularly those who have been named Super Lawyers in the state of Minnesota.
A personal injury attorney with extensive experience in dog bite laws should easily understand these kinds of claims and be able to adequately prepare a case. In addition, it is beneficial for the injured party to meet with the lawyer to see if he or she can establish a good rapport with the attorney.
The legal process for a dog bite case is like other personal injury claims, starting with the filing of a complaint and then moving through the steps of gathering evidence, discovery and trial. The large difference between them and a traditional malpractice case is that with a malpractice claim , the plaintiff typically has to prove the other party’s significant fault, while with a dog bite case, the victim does not have to convince the court that the person responsible was negligent.
Minnesota dog bite laws for a personal injury suit, under Chapter 347.22 of the Minnesota Statutes, gives victims the legal grounds both for filing civil and criminal charges for dog bites. Cases against dog owners in Minnesota can be pursued under the theory of negligence if the plaintiff can demonstrate that the other party had a certain amount of control over the animal and was aware of its propensity for violence. A victim can also prove that a dog bite attack occurred if he or she can demonstrate that the owner failed to exercise proper control over his or her pet.
Those who have been attacked by a dog would be wise to seek out the representation of a Minnesota injury lawyer who practices dog bite law. Such professionals can provide much more assistance in preparing and presenting a case against the owner of a vicious dog.