Animal Attacks - We can Help!
HOME
We
have successfully assisted dozens of children and adults with claims that
resulted from animal attacks. In Minnesota, the law is on your side, but you
need a strong advocate to fight for your behalf. While no one wants to get into
protracted litigation with a neighbor or friend, most homeowners' insurance
provides significant liability coverage for damages from an animal attack. The
insurance company will even pay the pet owner's litigation expenses. If you or
your child has been attacked, don't wait. Contact us today for a free
consultation - if you are from outside of Minnesota, we can even help you find a
qualified attorney to handle the case in your area.
What to Do After a Dog Bite or
Cat
Bite
According
to the
CDC, it is
estimated that approximately 4.7 million people are bitten each year by dogs and
800,000 seek medical treatment across the
country because of dog attacks. Dogs attacks can even result in death.
According to the Insurance Information Institute, in 2002 the property/casualty
insurance industry paid out $345.5 million in dog bite liability claims. These
numbers only account for liability claims from homeowners or renters policies.
They do not include uninsured losses or other medical costs that are not part of
a liability claim.
It is important
to know that children ages 5 to 9 are particularly vulnerable to dog attacks.
Children less than 5 are also prone to attacks, and with these younger children,
most of the dog bites are to the head and neck areas. We have
unfortunately have had a great deal of experience handling cases of seriously
injured children due to dog bites. It cannot be stressed enough the
caution which is required with children around dogs - even those who previously
have shown no signs of aggression.
After a dog bite
or a cat bite,
it may be important to get the victim medical attention immediately -- even for
minor bites and punctures -- to assess the risk of rabies and infections.
Rabies is an often-fatal viral infection that can be carried by dogs. Even if
the wound is minor, contact your doctor immediately to determine whether
emergency treatment is needed:
Although many
bites appear to be minor shortly after they have been inflicted, these
injuries can produce serious local tissue effects as well as systemic
complications. The most common complication is infection, which may lead to
sepsis, joint injury, tendon injury, and in serious cases, even amputation
of the limb. Assessment of these wounds may be difficult.
Charles Stewart, MD, FACEP, Skin and Soft Tissue
Infections
For more information on
home treatment
click here.
It is also very
important to either capture the offending dog, or at least know where it lives
in order to get vaccination information. Without the dog, it is impossible
or difficult to
determine whether it had rabies and the victim may have to undergo prophylactic
treatment to prevent rabies. It is also important to identify the dog so its
owner can be held responsible for damages.
Click here for more information
about Cat Bites and Cat Attacks.
Homeowners/Renters Insurance Usually
Pays Dog Bite Claims
Insurance
companies pay damages for dog bites, including compensation for medical
expenses, pain, suffering and embarrassment (of having scars), etc. Insurers
pay claims based on a number of factors, including the amount of medical bills,
time missed from work and residual scars. Scar values are very difficult to
assess and can vary widely from one insurance company or adjuster to another.
It is critical that scar cases be evaluated by an attorney that has a great deal
of experience in handling dog bite cases.
Homeowners/Renters Insurance Usually
Pays Dog Bite Claims
In Minnesota, we have what is
commonly referred to as a "Dog Bite Law."
Minnesota Statute §347.22 - Dogs - Strict Liability - permits a
person attacked by a dog to recover damages for the attack without having to
prove that the owner was negligent. The text of the 2008 law is as
follows:
347.22 DAMAGES, OWNER
LIABLE.
If a dog, without
provocation, attacks or injures any person who is acting peaceably in any
place where the person may lawfully be, the owner of the dog is liable in
damages to the person so attacked or injured to the full amount of the
injury sustained. The term "owner" includes any person harboring or keeping
a dog but the owner shall be primarily liable. The term "dog" includes both
male and female of the canine species.
There are four elements which an
injured party must prove according to the statute to obtain damages from the
defendant: (1) The dog attacked without provocation; (2) The attack causes an
injury; (3) The victim of the attack is somewhere she or he is lawfully allowed
to be; and (4) The defendant is the owner or keeper of the dog.
There is case law in Minnesota
interpreting each element of this claim. That is, case law defines what
constitutes provocation. A generally used definition is, "provoke means to
excite, to stimulate, to arose, to irritate, or enrage." See
Fakes v. Addicks, 47 NW2d 450 (Minn.1890); Bailey v. Morris, 323
NW2d 787 (Minn.1982); or Ward v. Freiderich, A05-192, unpub (Minn.App.
Jan. 10, 2006). Assumption of the risk is not a defense that can be used
in a dog bite case. See Seim v. Garavalia, 306 NW2d 806, 811
(Minn.1981).
Whether the victim was in a place
that she or he was lawfully allowed to be has been examined in Matson v.
Kivimaki, 200 NW2d 164 (Minn.1964). In that case, a child was not
entitled to recover damages under the statute where he stuck his body through a
fence, onto the defendant's property, and was bitten by a dog. Please note
that just because a victim is somewhere he is not allowed to be, or even because
he has "provoked" the dog, he may still be entitled to damages under a normal
negligence claim. Contact us for more information on your particular
Minnesota Dog Bite case.
The issue of whether one is an
"owner" or "harboring" the dog is examined in the case of Verrett v. Silver,
275 NW2d 147 (Minn.1976):
Harboring means to
afford lodging, to shelter or to give refuge to a dog. Keeping a dog,
as used in the statute before us, implies more than the mere harboring of
the dog for a limited purpose or time. One becomes the keeper of a dog
only when he either with or without the owner's permission undertakes to
manage, control or care for it as do owners in general are customed to do.
There are many
complicated issues involved in every dog bite case. It is important not to
try to go it alone. Please contact a lawyer that has experience dealing
with Minnesota Dog Bite law.
Time Limitations for
Bringing Actions for Dog Bites
The Statute of Limitations for
Dog Bites and other negligence actions in Minnesota is six years.
Minnesota Statute §541.05. It is important to recognize that in
Minnesota the Statute of Limitations for any action is tolled during the
period of minority for the plaintiff. In English, this means that the
Statute of Limitations cannot expire while the victim is under the age of 18.
Even if a child is bitten at the age of three, she may still bring a claim for
damages from a dog bite until she reaches the age of 19 year of age.
For Any Questions that
Arise After a Dog Bite, including a free evaluation of your case,
Contact Us!
p.s.: In response to visitors'
comments that Great Danes are sweet and loveable, I must say that some of the
most vicious attacks we have handled have been inflicted by dogs of this breed.
Never, never, never leave a small child alone with a big dog.
HOME
ATTENTION: This is a Minnesota, USA site.
Questions and answers pertain only to Minnesota law and have no application to
matters outside the state of Minnesota. This web site is designed for general
information only and in no way should be construed as formal legal advice.
Emails and answers to questions do not establish the formation of a
lawyer/client relationship. Every legal situation can be different. Persons
accessing this site are encouraged to seek independent counsel for advice.