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.
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.
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.
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.
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.
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