A dog is man’s best friend, but sometimes, you must be careful about your puppy. One of the main risks of having a dog is when the dog bites someone. In Minnesota, a person who is bitten or injured by a dog can be able to recover damages under the state’s dog bite statute. If you or your loved one has been injured by a dog, you have the right to file a lawsuit against the owner. This article will explore more information about the laws of a dog bite in Minnesota.
- Minnesota’s Dog Bite Law
Section 347.22 of the Minnesota Statutes reads: an injured person may sue a dog owner for injuries caused by the pet if all of the following are true:
- The victim was not trespassing at the time of the bit
- The victim did not provoke the dog
- The victim was not engaged in any unlawful act at the bite time.
Minnesota’s dog bite law applies to the owner of the aggressive dog. So, anyone who keeps or harbors the aggressive animal is held accountable, which means the dog’s owner is always responsible. If you want to know your rights and the process to follow after a dog bite, consult a dog bite injury lawyer minnesota.
- Penalties For Violating The Statute
If a dog owner is liable under the statute, they may be required to pay the victim’s medical expenses, lost wages, and other damages. The court may also order the dog to be executed if it finds it a danger to public safety. A person who violates the dog bite statute may be guilty of a misdemeanor. If the violation results in severe bodily injury to another person, the offender may be guilty of a felony.
- Deadline For Filing A Dog Bite Lawsuit
The Statute of Limitation (SOL) for filing a personal injury lawsuit is two years from the date of the injury. This means that a victim of a dog bite has two years after the incident to sue the dog’s owner.
- Strict Liability
Minnesota has a “strict liability” rule for dog bites, meaning that even if the owner was unaware that the dog would act aggressively, attack, or bite someone, they could be held responsible for injuries caused by the animal as long as the statutory criteria are met. States which do not follow the strict liability statute for dog bites generally apply a “one bite” rule.
Liability may be imposed if the owner is aware or has reason to know that the dog is dangerous. It’s crucial to remember that Minnesota does not adhere to the “one bite” Rule. A person is not required to demonstrate that the dog’s owner is careless. The issue of negligence is irrelevant.
- Injuries Covered By The Law
The dog bite legislation covers any losses incurred from a dog attacking or injuring someone. These injuries include:
- Bite
- Injuries related to jumping on a person
- Damages caused by knocking someone down
- PTSD caused by the attack
Protecting your rights is vital if a dog injures or bites you in Minnesota. You should take the following steps:
- Get medical attention immediately, even if you don’t think the injuries are severe.
- Identify the dog and owner; if you can’t do this, get witnesses who can.
- Report the incident to your local animal control agency and police department.
- The Statute of Limitation (SOL) for filing a personal injury lawsuit is two years from the date of the injury. This means that a victim of a dog bite has two years after the incident to sue the dog’s owner.
- Defenses To A Minnesota Dog Bite Claim
The dog owner might use provocation as a defense in a lawsuit caused by their dog biting. The injured person must be wounded “without provocation” under Minnesota’s dog bite law. If the injured person provoked the dog (for example, by striking it with a stick), the owner could claim that they were not to blame and therefore should get no compensation.
The injured person must be in a location where they were harmed lawfully. This includes sidewalks, parks, and private places like your yard or on someone else’s property as a guest. However, if the damaged person was trespassing, the dog’s owner may not be held responsible for the injuries inflicted by the dog.
Another legal defense is assumed risk, which pertains to someone who voluntarily accepts temporary care of a dog and demonstrates key ownership characteristics. A good example is a dog groomer. They assume the risk, so if they are bitten while grooming the dog, they may not make an injury claim against them.
Negligence is when the owner does not exercise reasonable care in controlling the animal. The lack of caution on the part of an average prudent and attentive person is negligence. To recover damages based on negligence in Minnesota, you must show proof of the one-bite rule’s requirements.
Conclusion
To reduce the number of dog bites in Minnesota, both dog owners and members of the public need to be aware of the laws. By understanding your rights and responsibilities regarding dogs, you can help keep yourself and others safe. If a dog has bitten you, you must seek legal advice to get the compensation you deserve.
