According to data from the American Veterinary Medical Association (AVMA), “approximately 334,000 people are admitted to US emergency departments annually with dog bite-associated injuries.” Beyond that, “another 466,000 are seen in other medical settings.” That means that around 800,000 Americans seek professional medical care for dog bites each year.
A dog owner can be held liable for a dog bite. In fact, in Minnesota, dog owners can be held strictly liable if their animal bites another person. That means that they may be liable even without a finding of negligence. However, dog owners can raise defenses against liability. Here, our Minnesota dog bite lawyer provides an overview of the most common defenses used in dog bite injury claims.
An Overview of Dog Bite Liability in Minnesota
Minnesota is a strict liability state for dog bite injury claims. Under Sec. 347.22 MN Statutes, “the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury sustained.” Strict liability means that a finding of negligence on the part of a dog owner is not required. A dog owner can be held legally liable for if their dog hurts another person regardless of their knowledge of the dog’s prior behavior, aggression, or other dangerous tendencies. Dog owners must proactively protect the public from the inherent risk posed by their animal. Minnesota defines a “dog owner” broadly as a person who keeps or harbors an animal.
Note: A party other than a dog owner may also bear liability for a dog bite. However, non-owners are not strictly liable for a dog bite. They can be held liable based on common law negligence. For example, an apartment complex that fails to address a dangerous dog owned by a tenant may bear liability if that dog attacks another person on the grounds of negligence.
Be Prepared for the Typical Dog Bite Defenses
It is important to emphasize that strict liability is not automatic liability. Dog owners in Minnesota are presumptively liable on the grounds of strict liability if their animal bites another person. However, they have the right to raise a defense against a dog bite injury claim. There are three common defenses against a dog bite injury claim in Minnesota:
- Trespassing: One common defense to a dog bite claim in Minnesota is that the injured party was trespassing at the time of the incident. Under Minnesota law, the strict liability statute applies only if the victim was lawfully on the property. A dog owner can argue that the victim entered the property without permission, making them an unlawful intruder. If the court determines the victim was trespassing, the dog owner may not be held liable.
- Provocation: Provocation is another key defense in Minnesota dog bite cases. The law specifies that strict liability does not apply if the dog was provoked into biting. Provocation includes actions such as teasing, tormenting, or physically harming the dog. Dog owners can present evidence showing the victim’s actions directly caused the dog to act aggressively. If the court agrees that provocation occurred, a dog owner may avoid legal liability.
- Statute of Limitations: Dog bite injury claims are time-sensitive. An injured victim must initiate any legal action before the statute of limitations expires. Otherwise a statute of limitations defense may be raised. Minnesota law imposes a strict timeline for filing dog bite claims, with a statute of limitations of two years. A claim can be dismissed outright without a hearing on the merits if it is not filed within a timely manner.
There are Special Considerations for Minor Victims (Dog Bite Defenses in Minnesota)
In Minnesota, the defenses of trespassing and provocation can still apply to minors in Minnesota dog bite cases. However, there are some very important nuances. Courts typically consider the age, maturity, and capacity of the minor when evaluating these defenses are still applicable.
For minors, the concept of trespassing is interpreted more leniently. Courts often assess whether the child was capable of understanding they were unlawfully entering someone else’s property. Young children—especially those under a certain age—are generally never viewed as trespassers in civil claims. However, teenagers may sometimes be considered to be trespassers.
Along the same lines, provocation is evaluated based on the child’s age and understanding of their actions. A very young child may not have the maturity to comprehend that teasing or hitting a dog could provoke an attack. Courts are more likely to excuse the behavior of young kids.
We Help Dog Bite Victims Seek Full and Fair Financial Compensation
Were you or a loved one hurt by a dangerous dog? You have the right to seek compensation for the dog owner or any other negligent party, such as a landlord, apartment complex, or other property owner. Our Minnesota dog bite lawyers fight tirelessly to help victims secure the absolute maximum financial compensation after a bad accident. You may be entitled to recover compensation for:
- Emergency medical care;
- Hospital bills;
- Other medical costs;
- Medications;
- Medical equipment;
- Physical therapy;
- Mental health support;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Mental distress;
- Long-term disability;
- Scarring/disfigurement; and
- Wrongful death.
How Minnesota Dog Bite Injury Attorneys Can Help
Dog bite injury claims are notoriously challenging. At Fitzpatrick, Skemp & Butler, LLC, our Minnesota personal injury team has the skills and experience that dog bite victims can rely on. We will help you anticipate and address any potential legal defenses that a dog owner—or third party defendant, such as a property owner—may raise in your case. An initial consultation with our Minnesota dog bite attorney is free, confidential, and carries no additional obligation.
Contact Our Minnesota Dog Bite Lawyers Today for a Free Case Review
At Fitzpatrick, Skemp & Butler, LLC, our Minnesota dog bite attorneys are skilled, experienced, and solutions-focused. If you or your loved one was injured by a dangerous dog, we are here to help you anticipate and address all potential defenses. Give us a call now at 608-784-4370 or connect with us online for a free, fully confidential consultation. Our Minnesota dog bite injury attorneys have the professional expertise you can trust when it matters most.