When dogs bite in Minnesota, victims can sustain severe, debilitating, permanent and even fatal injuries. Dog attacks can inflict significant physical and emotional harm to victims – especially children and the elderly. Understanding Minnesota’s dog bite laws can help you hold a pet owner or another party accountable if you or a loved one suffers injuries in a dog attack.
When Is a Pet Owner Responsible for Paying for Dog Bite Injuries?
Most states either use strict liability laws or one-bite rules when it comes to holding dog owners liable (or financially responsible) for injuries inflicted by their pets. Minnesota uses a strict liability rule, which protects dog bite victims more than pet owners. It does not require evidence that the dog had bitten or injured someone else previously, like the one-bite rule does.
Under Minnesota Statutes § 347.22, “If a dog, without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained.”
According to this state law, it is not necessary to prove that the owner of the dog knew or reasonably should have known about the dog’s propensity to bite, nor that the owner behaved negligently. It is enough to show that the dog caused your injuries and that the individual was the owner or controller of the dog at the time of the incident.
Who Else Could Be Held Liable for a Dog Bite Injury in Minnesota?
While a dog owner is the most common defendant or accused party named in dog bite injury lawsuits in Minnesota, there could be other liable parties. State law clarifies that “owner of the dog” includes anyone who is harboring or keeping the dog at the time of the attack.
This could include:
- Pet sitter
- Dog walker
- Doggy daycare facility
- Animal trainer
- Government agent working with an on-duty animal
A property owner or landlord could also be held liable for a dog bite injury in Minnesota if this party knowingly harbored the dog on the premises. However, the owner of the pet is viewed as being primarily liable for dog bite injuries.
Dog Bite Laws in Minnesota
What Are Minnesota’s Laws Regarding Dangerous Dogs?
The legal responsibilities and duties of care that a dog owner has in Minnesota change if the dog is declared “dangerous” by animal control authorities. Minnesota Statutes § 347.50 defines a dangerous dog as one that attacked or bit another person in the past without provocation, killed a domestic animal, or has otherwise been deemed by authorities to be potentially dangerous.
State law requires the owners of dangerous dogs to take certain measures to prevent further incidents. This includes registering the animal with the state, keeping the dog in a proper enclosure or restrained, and using a muzzle on the dog when off the owner’s property. Violating these rules is a form of pet owner negligence.
Common Defenses Used By Pet Owners
Although Minnesota’s strict dog bite liability law holds pet owners responsible for most injuries inflicted by their dogs, certain defenses could shield them from having to pay for a victim’s medical bills. Common defenses include:
- Trespassing
- Provocation of the dog
- Assumption of risk
If you encounter any issues when attempting to seek fair financial compensation from a pet owner for your dog bite injury, contact the experienced Minneapolis dog bite lawyers at Goldenberg Lauricella, PLLC, for a free evaluation of your situation and legal options. Call (612) 333-4662 today.