How Minnesota Reviews Dog Bite Liability
A dog is considered wild and untamed by nature, until he is domesticated by man for his use. When this happens, the animal is governed by both: (1) the wild and untamed nature of canines, and (2) the rules that now govern domesticated animals in our homes and businesses.
This mix causes complications when determining dog bite liability in Minnesota. Dog owners are presumed to know their animal’s behaviors and tendencies. The law holds the owner responsible if his or her dog bites someone. This is known as "strict liability." Like strict liability statutes, Minnesota’s dog bite statute does not consider degrees of fault or intent. If a dog bite occurs, the owner and the person will be in a strict liability relationship .
Individuals injured in a dog bite may pursue claims under the Animal Attack Statute, but it is important to note that Minnesota follows a modified comparative fault standard. Under that, the injured person may only recover if his/her negligence is less than the negligence of the animal’s owner. In other words, you must be less than 50% at fault in a dog bite or attack situation for any recovery to occur.
Exceptions to Strict Liability Rules
There are a few exceptions to the strict liability for dog bites in Minnesota. They include:
These are the basic elements of Minnesota dog bite liability that you should keep in mind when you find yourself in any situation when you are either the victim of a dog bite or you are the owner of the animal who has bitten someone. There are many aspects of Minnesota Animal Attack law where legal assistance is key to understanding and enforcing your rights.
Minnesota’s Time Limit for Dog Bite Claims
Dog bite claims are like any other personal injury claim in Minnesota in terms of statute of limitations. A injured dog bite victim has six (6) years from the discovery of the injury or harm to file a claim in Minnesota court against the person or entity at fault (e.g., the dog owner). It is essential to timely commence a civil action — meaning the summons and complaint must be filed in the district court of the county where the harm occurred within the 6 year time limit.
The case law indicates that waiting unreasonably long to sue is a risk that no dog bite victim should take. Often times, prompt reporting of the underlying facts to law enforcement or animal control can avoid the need for the victims to initiate suit. In my experience, when there has been a significant delay in filing a dog bite claim and a subsequent dismissal of the lawsuit due to a late filing the defendant often raises equitable estoppel. However, most of these equitable estoppels claims have been rejected because the injured party’s unreasonable delay was justified and because the defendant did not suffer any prejudice.
There are many reasons to pursue a dog bite claim as promptly as possible. The most compelling reason relates to the fact that the longer one waits to file a claim the longer it will take to receive compensation. Another reason for prompt filing of a dog bite suit relates to the difficulty in locating witnesses. Over a period of time witnesses forget details and sometimes move away so that their whereabouts becomes unknown.
Common Dog Bite Defenses
The second major defense against a dog bite claim in Minnesota is provocation. Provocation essentially means that the dog’s owner is not responsible for a dog bite, if the person who was bitten did something to provoke or instigate a dangerous response from the dog. Whether provocation is found depends on the actions of the person who was bitten, and whether it was reasonable for the dog to bite that person.
For example, if a person walks into the owner’s yard and kicks the dog, provoking a bite, the dog owner is not liable. Likewise, if a person rushes at a dog with a stick, the person holding the stick could be found to be the sole cause of the bite.
Still another potential defense is the trespass of the person who was bitten. If the dog owner can prove that the person who was bitten should not have been on his property at the time of the incident, the owner may not have a liability. For example, if the dog lived on an island and the person entered the property while trespassing on a boat, the owner would likely not be found responsible for the bite.
Financial Recovery for Dog Bite Victims
While every case is different, we routinely pursue 3 types of compensation for Minnesota dog bite victims: Medical expenses, pain and suffering, and other costs.
Our focus at the Dog Bite Injury – Jeffrey A. Burl Law Firm is to help the dog bite victim and his or her family recover all compensation they deserve for their injuries and damages. Generally speaking, the recoverable damage categories in a Minnesota dog bite case are: medical costs, pain and suffering, and other expenses.
Medical costs may include hospital bills, payments to doctors, therapists, psychologists, reconstructive surgery, rehabilitation, crutches, wheelchairs, and prescription medicine. In Minnesota, medical costs are recoverable regardless of whether or not a dog owner is a registered victim. Some dog owners carry their own insurance specifically for dog bite cases.
Because Minnesota is a "no-fault" state, expenses for transportation to and from hospitals, clinics, and doctors’ offices related to the dog bite or related injuries are recoverable. Expenses related to attending physical therapy sessions also can be recovered.
In some cases chronic pain may result from a dog bite injury. The pain and suffering endured by a dog bite victim may be severe and long lasting, and the jury knows this. Pain and suffering, called "pain, disability, and disfigurement" in Minnesota, is recoverable even if the dog owner is a registered victim.
If reconstructive surgery is necessary in a dog bite injury case, a plastic surgeon will evaluate the injury site for scarring, muscle reattachment, bone dislocation or displacement, nerve damage, joint dislocation or impairment, and tissue damage and compartment syndrome. Scarring as a result of dog bites can be significant and can cause future pain and suffering. These remaining injuries are also recoverable.
Next Steps After a Dog Bite
The first thing you should do after a dog bite incident is to seek medical treatment. Depending on the circumstances, you may need to contact authorities. We’ll explain both of these options below:
Call Animal Control and the Police
You should call animal control if the dog does not have a known owner (has no collar) and is acting strangely. You should call the police if you suspect it might be a stray dog that has attacked someone else as well. In this situation, the police will secure the scene and then call in animal control to verify the dog’s owner.
If the stray dog is posing a threat , animal control will also contact the police. You should keep your distance until animal control or police authority arrives. When they do, provide any information on where the dog went (if you saw) and a description of the dog.
Notify the Dog’s Owner
If you are able to identify the dog’s owner and obtain their contact information, it’s your responsibility to contact them and let them know their pet has bitten someone. They’re more likely to do the right thing when informed than wait to be contacted by animal control or police.
Minnesota’s Dog Bite Insurance Issues
In many circumstances, the dog owner’s insurance will cover the claim. In Minnesota, most homeowners’ insurance policies provide at least some limited coverage for dog bites. There are typically monetary limits on the promise to pay, such as a ceiling amount of coverage, ranging from $100,000 to $300,000 typically. As a practical matter, it is not usually a good idea to take a dog to someone’s house unless you know that it has a very high liability limit under the policy. Maybe the quality and quantity of dog bite insurance coverage is even more important than the rate and premium amount for that insurance. If a dog owner is renting, his or her liability for dog bites may be even more limited, although insurance policies vary in this respect. It is theoretically possible that some insurance policies will cover dog bites even if the dog is not on the premises or is not owned by the homeowner where the premises are located. But, typically, this is not the case. All liabilities may not be covered under your homeowner’s insurance policy. Every policy is different, read yours to know your rights and obligations in the case of a dog bite. If you suffer a dog bite, get immediate medical attention and report the bite to your insurance company as well. The renter in the above situation may have some dog owners insurance at the rental property. After all, renting to dog owners is a business choice that can be quite profitable. However, if the unit is rented, the landlord may not want to bear the risk and require all tenants to carry no-fault renters insurance which would cover dog bites that occur at the rental property. A dog owner with such an insurance policy might want to stay away from any property requiring such no-fault insurance policies. On the other hand, a dog owner might prefer such a property as well for the added protection, like an umbrella policy, in case of dog bite tort liability. Regardless of the specific insurance available in Minnesota for dog bites, the homeowner’s insurance policies are generally considered a good source of coverage. Where the insurance issues related to dog bites are complex, you should get advice early during your claim process.
How to Choose a Minnesota Dog Bite Lawyer
Hiring a qualified Minnesota dog bite attorney to pursue compensation for injuries sustained from a dog attack is crucial, and the sooner after the attack the better. A dog will often be placed in quarantine for rabies testing after a bite-related injury. If owners are able to provide documentation that proves the animal has up-to-date vaccinations, your chance of recovering compensation as a responsible pet owner increases significantly.
The last thing you want after sustaining a dog bite is to be taken advantage of by an incompetent or dishonest legal representative. Research is important before choosing a Minnesota personal injury attorney to help you recover compensation resulting from a dog attack injury. It is imperative to hire someone that is trustworthy and reputable, and that you feel comfortable confiding in with personal details about your case.
Ask for references and check reviews online. Does the attorney you are considering have previous experience in handling dog bite cases? Thy should have a depth of experience in handling every type of personal injury case imaginable , but you should inquire into the amount of dog bite settlements or jury awards they have been able to secure. Have they worked on cases involving the type of animal (if known) that caused your injury? They may not have handled a case involving a pug, but experience with any type of smaller dog could be sufficient; if you know generally what the breed of your attacker was, ask if they have any experience with smaller dogs.
What’s the lawyer’s fee? The cost of hiring a qualified Minnesota dog bite attorney typically depends on the circumstances surrounding the attack. Usually, attorneys will work on a contingency basis. They’ll discuss their rate with you during your initial consultation. While a personal injury attorney shouldn’t charge you for reviewing your case, you may be charged a consultation fee.