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Dog Attacks

Posted by: euser
January 24, 2008
Topic: Minnesota Dog Bite Attorneys

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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