The Minnesota court system has ruled that a plaintiff does not have to prove negligence in order to win a civil case against the owner of a vicious pet, which lessens the bar for someone to file suit after being bit by someone else’s dog, according to attorney John Wood of the John Wood Law Firm.
A personal injury law firm in Minneapolis, MN, the John Wood Law Firm has represented many clients who were bitten by dangerous dogs. Although filing a personal injury lawsuit to recoup the costs of medical bills and other damages is common in these cases, Wood says that is not the first thing his clients should be thinking about if they do happen to get bit.
Instead, Wood recommends that his clients focus on their own health first and foremost. “It would be a health concern, so [the victim] should make sure that the pet has been vaccinated properly and appropriately,” Wood says. At the same time, Wood recommends calling the police and filing a report against the animal. Every police department will investigate a pet bite case by talking to the owner and making sure that the pet has been vaccinated.
Once the police have been notified of a pet bite, they will oftentimes take the dog in question and quarantine it for a period of time. This quarantine is done immediately and before the final report is finished, because the police do not want to take any chances of the animal striking again.
Another reason why it is important to report any pet bite to the police is so that the department can start a record on the dog. “From the standpoint of reporting the bite, it’s so that a record can start to be made on this dog,” Wood says. “Because if it is vicious, then they will put it down and it won’t bite anyone else.” This record can also be used in any lawsuit that you file with a personal injury law firm as well.
Furthermore, if a dog bite occurs within Minnesota city limits, then negligence is not required in order for the injured party to win the case. Instead, the state of Minnesota has instituted what is known as “strict liability” in dog bite cases. That means that if a dog bites without provocation, then the owner is liable no matter what and the victim does not have to prove anything. There are no free first bites in Minnesota, and a dog can be put down after just one attack because of these strict liability laws.
It is important to remember that a dog’s owner will not necessarily be held liable for a pet bite if the dog was provoked by the victim. Obviously, if someone is breaking and entering into a home and the dog inside the home bites the person, then that would be a no-brainer—the dog was provoked. In some cases, though, things can be a bit trickier.
Wood says that any behavior that someone might call “teasing” could be considered provocation; however, the age of the victim is important in the matter too. A four-year old would not be expected to have the same appreciation for danger in going up to a dog’s ear and pulling it, for example, as a 14-year old would have, so provocation can vary depending on the age and mental development of the victim.
One case in particular that Wood recalls in Minnesota involved a young child who stuck her hand inside of a neighbor’s fence and had it bitten by a dog. “The dog was over by the fence barking, and the child went over and, lacking any appreciation for danger, put her hand through the fence,” Wood says. “And it was bitten pretty severely.” The jury in this case, however, found the young child to be more responsible than the dog owner, because the dog was fenced off in a clearly marked space.
Wood recommends that anyone in Minneapolis, MN, call a personal injury law firm right away if ever attacked by a stranger’s dog.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
