4 Things To Know After A Dog Bite Accident
Minnesota places the onus on dog owners when dog bite injuries occur. While the burden is on the dog’s owner, the situation is not completely black and white. While gray areas exist, the following four facts about dog bite injuries in Minnesota begin to explain the need for legal representation when an injury occurs.
1. Is There A Deadline for Victims to File a Dog Bite Claim?
In section 347.22 of the Minnesota statutes, you find the legal information about dog bite injuries. There is a statute of limitations for dog bite cases and any legal case must be filed within two years of the injury. What happens if you wait too long to file a dog bite claim? In most cases, the court will not hear your complaint, and you will have no legal recourse. There are a few situations where the court may extend the deadline, but those are rare. Talking with a personal injury lawyer who has experience with dog bite claims is recommended. Do so soon after the injury occurs.
2. Does It Matter Where The Dog Bite Incident Occurs?
It does matter where the dog bite incident occurs. The victim must be in a location where they have a right to be. Those locations include public places if you are invited into a person’s home or property, or on your property or in your home. For example, if you are invited to a friend’s home, and their friend brings a dog, and it bites you, you are legally on private property and can seek damages for the dog bit. If you are walking in the park and someone’s dog bites you, you can seek damages since you are in a public space. There are other criteria that may negate your claim.
3. Can I Be At Fault if Someone’s Dog Bites Me?
If you provoke the dog into biting you, then it is likely that the court may find that you caused the accident and that the dog behaved accordingly. Provocation can include situations where people are playing and being loud and the dog bites. The key and one criterion that makes you a dog bite victim is whether you are being peaceful or not. When you discuss your case with your personal injury lawyer, they will help you determine if you have a case and are a victim or if you provoked the dog to bite.
4. One Bite Rule
Some states have a one-bite rule which means that a dog’s owner must know the dog is dangerous. Minnesota is not a one-bite-rule state. It is a state that has strict liability for dog bites. So long as you meet the criteria for being a victim:
- You were peaceful
- Did not provoke the dog
- Were in a location where you were invited or ;
- On public property
If you meet that criteria, then the dog owner is likely at fault.
Reach Out To Novitzke Gust Sempf Whitley & Bergmanis For More Information Regarding Dog Bite Laws!
If you or a family member recently experienced a dog bite accident, you may be able to be compensated for medical bills or psychological duress. It’s vital that you contact an experienced attorney to discuss the possibility of you having a case as soon as possible to improve information accuracy. The more time that goes by, the more details can get muddled. Reach out to the attorneys at NGSW&B to determine if you have a potential case!