Dog attacks can lead to severe injuries for the victim, often with high financial consequences, which means understanding how dog bite laws can affect your personal injury claim is vital. While dog bites may seem like simple injuries, the legal element can cause complications when determining liability and negotiating with insurance companies. Minnesota has some unique laws that may impact how a case is handled, such as strict liability and more. These dog bite laws could impact compensation or could cause issues for the victim if they are not aware of how these laws will affect them.
An experienced Minnesota personal injury attorney will understand how these laws impact a case and can combine this knowledge with court experience and evidence from the incident to craft a compelling argument. However, dog bite injuries may be either litigated in court or negotiated with insurance companies, and each situation may be drastically different. While legal knowledge may provide a good foundation, experience and negotiating skills can help secure compensation for damages.
Call the office at (763) 645-8738to speak with a Minnesota dog bite lawyer from Betz & Port, P.A. and learn how dog bite laws impact your case.
The first question most people ask after a dog bite incident is, “Who is liable for damages in a dog bite accident?” Generally, the owner of the dog is liable for dog bite injuries, regardless of their intention or prior knowledge of the dog’s aggressive behavior. While many states have a “one bite rule” that exempts dog owners from liability if the dog had never exhibited this kind of behavior before, Minnesota does not. This means that, more often than not, the dog owner is liable for damages caused by their pet. However, this does not take contributory negligence into account. If the dog owner had conducted due diligence to prevent the dog from injuring others, and the victim received their injuries out of negligence or actively provoked the animal, the dog owner may not be held liable.
Dog bite cases are a unique form of personal injury case in Minnesota, and as such, they often have unique laws that may govern how a case is decided. Victims of dog attacks may benefit from understanding the general legal landscape for dog bite cases, so they can make effective and informed decisions. Poor handling of a dog bite case could damage the victim’s chances of compensation for damages. However, legal competency and effective representation can help present a compelling argument and advocate for the rights of the injured party.
Minn. Stat. § 347.22 explains that Minnesota applies the concept of strict liability to dog bite cases. While there are many legal nuances to consider in strict liability, the primary impact of this law is that, in cases where contributory negligence and other unlawful acts of the plaintiff are not present, the dog owner may be held liable for damages. Even if the dog had not displayed aggressive or violent behavior previously, Minnesota dog bite laws state that the owner is liable. However, this does not take into account contributory fault, which could be a large factor in a defense against a dog bite claim.
Modified comparative negligence is a school of thought that has been adopted by many states, including Minnesota. While states that employ pure comparative negligence allow compensation regardless of the degree of fault borne by the plaintiff, Minnesota does not. According to Minn. Stat. § 604.01, modified comparative negligence means that the plaintiff is only eligible for compensation if their contributory fault is not greater than the fault of the defendant. For contributory fault greater than 0% but less than 51%, compensation will be decreased by the degree of fault.
Speak to a Minnesota dog bite lawyer from Betz & Port, P.A. to learn how dog bite laws may impact your case.
While understanding the legal details of dog bite laws in Minnesota is valuable, a personal injury case can also be influenced by the actions of the plaintiff and defendant directly after the incident. Acting calmly and following the instructions below could help protect the plaintiff’s right to compensation in a personal injury case. Following these steps can help build up a body of evidence, protect against legal mistakes, and help ensure the health and safety of those involved.
After a dog bite injury, seeking medical help is paramount. Dog bite injuries can include lacerations, puncture wounds, crushing injuries, and facial wounds. According to Mayo Clinic, dog bites often become infected, so it is important to keep the wound clean. Additionally, seeing a doctor or calling emergency services for extreme injuries can help provide evidence of injuries and clarify the full extent of the damage. The paper trail left by seeking medical help can reinforce the value of the claim and may validate the worth of a case.
One of the key steps for building a dog bite case is to collect insurance and contact information from the dog owner. All the knowledge of dog bite laws in the world cannot help a case if the owner of the dog is unknown. Collecting this information can help a dog bite attorney get in contact with the dog owner’s insurance company and file a compensation claim. Additionally, compiling evidence by taking pictures of the scene, documenting injuries, and collecting contact information of witnesses can help build a case.
Avoiding making an official statement may also help protect the individual’s right to compensation. Saying the wrong thing or admitting fault, even by simply apologizing to the dog owner, could damage an individual’s compensation. Additionally, many insurance companies attempt to rush in quickly and get an official statement before the victim has had a chance to speak with an attorney. A dog bite lawyer may be able to advise for or against certain actions to protect the chances of fair compensation.
Lastly, speaking with a skilled Minnesota dog bite attorney can help with a dog bite case. A lawyer can help explain the nuances of Minnesota dog bite laws and provide strategies for how to proceed. An attorney can also represent their clients both to insurance companies and in court, assisting in negotiation and litigation.
Dog bite laws may have complex impacts on a personal injury case, but skilled legal advice can help navigate these challenges and come out on the other side. Understanding the impact of these dog bite laws is a key advantage, particularly in negotiations with insurance. Many insurance companies give lowball offers in hopes of protecting company assets, but this often means that unaware victims accept settlements that are much lower than would be fair. An experienced Minnesota personal injury lawyer from Betz & Port, P.A. can evaluate your case and fight for fair compensation. Call the office now at (763) 645-8738 for details.
