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Minnesota Dog Bite Attorneys

Dog Bite Attorneys

Dog bites are some of the most common personal injuries in the country.  According to the Centers for Disease Control and Prevention in Atlanta, Georgia, nearly 2% of the U.S. population is bitten by a dog each year. This translates to nearly 5 million dog bite victims per year, most of whom are children.  Dog attacks generally do not result in significant injury, but in some instances the harm to the victim can be severe. 

Fortunately, Minnesota law is highly favorable to dog bite victims.  Strict liability applies to all dog bite incidents, and the statute governing dog bite liability encompasses any personal injury caused by a canine.  The law is also very expansive in that it applies not only to the owner of the attacking dog, but also to the person who harbors or keeps the dog. 

One limitation that applies in many cases is that if you are harmed by a stray dog with no ascertainable owner or handler, you will be unable to obtain relief.  Although the law may be on your side, in many cases, dog bite victims are unaware of the complications that can arise if you fail to follow the appropriate procedure.  For example, involvement in a dog bite occurrence can be extremely traumatic, and for that reason, people often forget to exchange personal information.  As a result, unless you are familiar with the dog’s handler or owner, it can be difficult in some situations to locate the at-fault party to seek recourse for your injuries.  It is also important that you immediately begin collecting other pertinent information about the incident.  A physical description or picture of the animal is helpful, and if the dog has identification tags or a license tag, it is essential that you copy this information.     

Most important, you should immediately hire an experienced, reputable dog bite lawyer with the ability to conduct a thorough investigation and evaluation of liability to ensure that you receive full compensation for your losses.Over the past 40 years, Milavetz, Gallop, and Milavetz, P.A., has had considerable success representing clients harmed by a dog bite.  With our reputation and experience in this area, we will strive to obtain a suitable recovery for any injuries you have incurred as a result of the accident.   Contact us today for an evaluation of your claim.As mentioned above, if you are considering pursuit of a claim for your injuries you should follow certain steps, including the following:           

  • Obtain the name, address, phone number, and insurance information of the person that owns the dog

  • Obtain the dog’s license number if applicable
 
  • Obtain the name, address, and phone number of any witnesses
 
  • See a doctor as soon as possible to treat your injuries.  By doing so, you not only receive the appropriate treatment, but the extent of your injuries will be documented in the medical records produced by your medical provider.
 
  • Immediately report the incident to police
 
  • Obtain as much information as you can about the accident including the names, addresses, and insurance information of all parties involved and witnesses to the accident
 
  • If possible, take photographs of the dog, the scene of the incident, and the extent of your injuries
 
  • Refrain from talking to anyone besides police officers about the incident.  You may be contacted by insurance company personnel or other individuals who are interested in obtaining information or a statement from you about your injuries.  If you talk with these people, you can potentially jeopardize your claim.
 
  • Contact an attorney familiar with dog bite claims

Dog Attacks
Posted by: euser
January 24, 2008

A dog owner is strictly liable for damages to a person who was attacked or injured by a dog. This may be true even if there was no physical contact between the person and the dog, but the person was injured while trying to avoid or escape from an attacking dog. A dog's past good character or lack of negligence by the owner are irrelevant when determining whether the owner is liable. The term "owner" includes not only the legal or primary owner of a dog, but also generally any person who harbors, keeps, cares for, or has control over the dog. Minnesota courts have construed dog groomers, sitters, and walkers as "owners."

An owner can also be held criminally responsible for a dog that causes injury or death. An owner may be found guilty of a misdemeanor if a dog that is allowed to run uncontrolled or is improperly confined causes a person great or substantial bodily harm. This is punishable by up to ninety days imprisonment and/or up to a $1,000 fine. An owner may be guilty of a gross misdemeanor if the same dog causes great or substantial bodily harm a second time. This may be punishable by imprisonment of up to one year and/or up to a $3,000 fine. An owner may be guilty of manslaughter in the second degree if he negligently or intentionally permits a dog known to have vicious propensities or to have caused great or substantial bodily harm in the past to run uncontrolled or improperly confined, and the dog causes the death of a person. This may be punishable by up to ten years imprisonment and/or up to a $20,000 fine.

Defenses available to the owner of a dog that has attacked:

1. Provocation: The owner has a defense if the injured person provoked, tormented, abused, or assaulted the dog prior to the attack. However, the owner is not relieved of liability if the injured person inadvertently or involuntarily provoked the dog to attack, such as accidently stepping on it.

2. Trespass: The owner may have a defense if the injured person was unlawfully on the premises occupied by the dog when the attack occurred.

The statute of limitations for commencing a personal injury action for damages from a dog attack is six years. The attorneys at Milavetz, Gallop & Milavetz are experienced and knowledgeable in this area and can help to evaluate your potential dog bite claim today.

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