Minnesota Dog Bite Laws

Getting attacked and bitten by an animal can cause not only physical injuries but also panic and worry for the victims and their loved ones. Such dog bite incidents are quite familiar to many Minnesotans. 

According to State Farm, Minnesota ranked in its top 10 list of states with the highest number of dog bite claims in 2022. The insurance carrier received a total of 117 dog bite claims that resulted in an $8.4 million payout. 

A dog bite is an event that can leave a mark on both the pet owner’s and the victim’s lives. A dog, regardless of its size, breed, and age, will always have the propensity to bite, which is their natural reaction or defense in a given situation. Since dog bites can happen to anyone, it would be beneficial for people to educate themselves on Minnesota dog bite laws and how these can provide victims with legal refuge. 

Knowing about dog bite laws in Minnesota can further help victims take immediate legal action, make informed decisions, and receive financial support to ease some of their pain and suffering. The following sections will talk about common topics surrounding Minnesota dog bite laws, such as the statute of limitations, penalties, and the responsibilities of a dog owner. 

Dog Owner Responsibilities in Minnesota

According to Minnesota Statutes Chapter 347.22, an owner is referred to as anyone keeping or harboring a dog and will be responsible for any damages it may cause. Even if an individual is taking care of a relative’s or a friend’s dog as a favor, they can be considered the owner. 

There is also a fine line between being a dogkeeper and a harborer. Keeping a dog involves controlling, managing, and caring for the animal like usual pet owners do. On the other hand, harboring a dog involves sheltering or giving refuge to the animal for a limited time or purpose. 

Under Minnesota Administrative Rules 1721.0520, dog owners are obligated to take appropriate safety measures to prevent their pets from harming and injuring other animals or people. Serious consequences await the dog owner if they fail to fulfill their obligations. Some of the owner’s responsibilities are as follows:

• Have their dogs registered, licensed, and vaccinated.

• Keep the dogs on a leash when outside.

• Train their pets to obey basic commands and behaviors.

• Keep and record medical and insurance documents. 

Breed-Specific Legislation in Minnesota

Minnesota does not place any restrictions, either on a municipal or state level, regarding the type of dog breed a resident can own. However, individuals are required to register their pet if it is classified as a potentially dangerous or dangerous dog. Minnesota Statutes Chapter 347.50 lays out the definition of a potentially dangerous dog, although it does not indicate which breed is considered dangerous. 

Before adopting or buying a dog, residents are highly recommended to check the laws applicable to animals in their particular city. Additionally, Chapter 347.51 of the Minnesota Statutes outlines the registration and licensing requirements that the dog owner must accomplish.

Chapters 347.50 to 347.565 also provide all the information needed by an individual who owns or is planning to adopt a dangerous dog. Several revisions in the legislation have given dog owners a chance to be with their pets, even if they have been classified as dangerous. Though the amendments require a lot of work to be accomplished from the owner’s side, they also clarified the regulations, along with the punishments for violators, if any. 

Liability Standards in Minnesota Dog Bite Cases

According to Minnesota dog bite laws, a person who suffers injuries as a result of an unprovoked dog attack can hold the owner responsible for all the damages. This is because the state follows a strict liability statute that says that if a dog harms another person, the owner will be liable for all the damages sustained by the victim, regardless of whether they are at fault. The dog’s history of bites is also irrelevant under the strict liability statute, and the one-bite rule does not apply in Minnesota. 

However, there are situations when a dog bite victim may not be able to recover compensation. Here are several defenses used by dog owners to protect themselves from liability. 

• Provocation. To hold a pet owner responsible for damages, the dog should have acted or bitten the victim without being provoked. If an individual does any acts of provocation to the dog, such as poking, and gets bitten, they may not be able to receive any compensation.

• Trespassing. For a dog bite victim to obtain compensation, they must establish that they were legally allowed to enter the location where the incident happened, such as a public park or a private property where they were a guest. If they are proven to have trespassed on private property, the owner will not be liable for any damages for dog bite injuries.

• Assumption of Risk. This happens when an individual keeps the animal or voluntarily accepts the responsibilities of being the pet owner and shows characteristics of ownership. One popular example of this is a dog groomer. If a dog bites them while it is in their care, they might not be able to get compensation.

When it comes to police dogs, deployment should only be done by an officer under reasonable circumstances. For instance, a police dog may attack a criminal who poses an imminent threat,  acts violently against law enforcement and the public, tries to flee the crime scene, or has committed a violent or serious crime. When a police dog attacks outside of these circumstances, the victim may file a claim to recover damages. 

In cases of veterinarians getting bitten by dogs, the assumption of risk comes into play. If the bite happens when the animal is under the vet’s care, they may not be able to file a claim. On the other hand, if the accident occurs before the vet takes over the control of the dog and there is negligence on the owner’s part, the vet may be able to seek damages.

Statute of Limitations in Minnesota for Dog Bite Cases

Dog bites are categorized under personal injury. According to Minnesota Statutes Chapter 541.05, victims of dog bites have six years from the date of the injury to file a case or take legal action. However, if an individual dies due to a dog bite, the family of the victim has only three years to file a wrongful death lawsuit to recover compensation.

Like other cases, failure to file a claim within the deadline may prevent the victim from obtaining compensation. Seeking assistance from a dog bite lawyer may help victims meet the deadline when filing a case.

Civil Penalties for Dog Bites in Minnesota

When a pet owner fails to control their dog and the animal bites another person, causing injuries or even death, there will be consequences for the owner and, in some instances, the dog as well. 

Pet owners can be liable to compensate dog bite victims for property damage, medical expenses, lost income, pain and suffering, and other related costs. The compensation mentioned can be obtained regardless of the severity of the injury and whether the dog was considered dangerous or not. 

The victim may also recover compensation from the dog owner for pain and suffering, emotional distress, physical therapy, medical expenses, lost income, and property damage. Punitive damages may be awarded in rare cases, depending on the circumstances.

Determining the compensation awarded to the victim involves considering various factors, like how serious the injury is, the degree of disfigurement, and whether the owner was in any way negligent in keeping the animal under control. Again, Minnesota adheres to strict liability for dog bites, and the dog owner can be held accountable for the full amount of the victim’s damages. 

Criminal Penalties for Dog Bites in Minnesota

Apart from the civil liabilities mentioned above, dog owners can also face criminal charges. Probation, hefty fines, and jail time await pet owners who are found to have neglected their responsibilities in preventing their dogs from injuring or hurting others. Fines may range anywhere from $3,000 to $40,000. The owner may also be sentenced to prison for up to 40 years.

If a dog causes a victim to lose their life, the owner can be charged with manslaughter. The court may also order the dog to be killed, but in the most proper and humane way possible. 

Reporting and Handling Dog Bite Incidents

According to the Minnesota Safety Council, children between the ages of 5 and 9 have higher rates of sustaining dog-related injuries. But regardless of the age of the person who was bitten or injured, the incident needs to be reported to the local animal control agency or the police.

The victim must first ensure their safety after the dog bite. They must seek medical attention as soon as possible or, if possible, ask somebody to contact emergency services. While waiting, the victim should wash the wound with soap and warm water. 

Then, the victim should get as many details about the dog as possible, such as the approximate time and location where the attack took place, whether the dog was a stray, the name and address of the owner if possible, and the direction where the dog went.

If the owner is available on the scene, the victim should get their details as well. Documenting the injuries by taking photos is also crucial in this case.

How To Find a Dog Bite Attorney in Minnesota

Having a dog bite attorney or personal injury lawyer can help victims ensure that they receive the attention and compensation they deserve. Victims should look for a lawyer with the right knowledge and experience in handling dog bite cases. 

An attorney can help injured individuals and their families in various aspects of the case, such as weighing in on the legal options, gathering evidence, filing a claim and doing the necessary paperwork, negotiating settlements, and other activities related to the case. The most important thing about having legal assistance is that the lawyer can increase the chances of a victim achieving a favorable outcome.

Other Resources for Dog Bite Victims in Minnesota

Minnesota Lawyer Referral

The Minnesota Lawyer Referral and Information Service is a nonprofit organization that refers individuals with various legal issues to lawyers. Its referral counselors evaluate the specifics of the case and refer the client to legal resources. They waive the administrative fee for personal injury cases like dog bites.

MNLRIS also runs the Reduced Fee Program, which offers legal services with reduced fees to the residents of Minnesota. People who cannot afford to pay the common fees of hiring a private attorney and do not qualify for pro bono services are eligible for this program. 

MCIT - Dog Bite Prevention Program

The Minnesota Counties Intergovernmental Trust has a dog bite prevention campaign that teaches people how to live harmoniously with dogs. It also shares preventive measures to avoid injuries when confronted by a dog and how an individual can understand a dog’s behavior and how to respond accordingly to avoid harm.

DogsBite.org

DogsBite.org is a nonprofit that advocates for victims of dog bites by providing written testimonies and research analysis during hearings that may help them build a strong case. The organization also conducts research on preventing dog attacks and shares the results with the public and the local government, advocating for the improvement of policies for public safety.