This site gets many hits every month from people
looking for information regarding cat attacks. A cat bite is no laughing
matter. Here is a link to more information
regarding
the
treatment of Cat Bites. The bite from the
sharp pointed teeth of a cat can act like hypodermic needles, injecting bacteria
deep into the tissues that can cause very serious infection. If you have
been recently bitten by a cat or dog, contact your doctor immediately or go to
the ER.
We have successfully litigated cat bite cases. Such cases, however, can be very difficult. There is a special dog-bite statute in Minnesota that holds dog owners responsible for injuries caused by their pets. There is no such law for cats As a result, to recover damages from the owner of a cat, one must either prove negligence or prove the owner knew or should have known of the dangerous propensities of the cat.
If the negligence of the cat owner can be proved, the victim may be able to recover damages from the cat owner's homeowner's insurance. A victim may recover damages without showing the viciousness or scienter or the cat (more on that further down the page), if the victim can show negligence. Negligence requires proof of the following elements: (1) The owner owed the victim a duty of care; (2) The owner breached that duty of care; (3) As a direct result of the breach of the duty of care, the victim sustained injury; and (4) The victim had identifiable damages.
In cases where the owner was not actively negligent, such as when a person is bitten by a cat, but the owner of the cat didn't contribute to cause the injury, the cat owner's homeowner's insurance may be responsible for damages through a cause of action known as a common law Scienter Claim. The elements of a Minnesota Scienter Claim are: (1) The defendant was the cat's owner or keeper; (2) The cat (horse, ferret, or other animal) caused injury to to victim; (3) The animal was dangerous, mischievous, vicious or possessed a vicious propensity; and (4) The owner had actual or constructive knowledge of the vicious propensities, habits or the character of the animal.
Basically the reason that Minnesota allows for Scienter Claims, is to discourage dangerous and irresponsible behavior of owners of potentially dangerous pets. The Court in Boitz v. Preblich, 405 NW2d 907 (Minn.App.1987), held:
The graveman of the action is the neglect of an owner of an animal known by him to be vicious, and liable to attack and injure people, to restrain him so as to prevent the risk of damage. And the notice of such propensity must be such as to put a prudent man on his guard... proof of the vicious character of the animal is quite essential in order to sustain a recovery as is proof of the scienter.
These cases are more difficult than dog bite cases because the victim must prove the owner knew of the animal's propensity to attack. If there is a One-Free-Bite rule in Minnesota, this is it.
Even if a victim is not able or willing to prove that the pet owner was negligent or otherwise knew or should have known that the cat could attack, she may be entitled to payment of medical expenses from the pet owner's homeowner's insurance policy. Many homeowner's policies contain a Medical Payments (or MedPay) provision. This provision pays the medical expenses for any accident that occurs on the property, regardless of fault. The coverage is usually limited to a few thousand dollars.
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.
If you have questions about Minnesota Cat Bite law, please do not hesitate to call or email and we will be happy to provide you with additional information regarding your rights.
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.