Dog Bites
Each year there are approximately 4.7 million dog bites or attacks in the United States. Approximately, 750,000 dog bite victims require medical attention. Unfortunately, the most common victim of these attacks are children.
Dog owners are required to exercise reasonable care in the ownership of their pet. This means ensuring the pet is on a leash when outside and not allowed to roam. A pet owner is required to ensure that a pet with a history of violence or bites does not injure a guest on their property. The owner’s responsibility for their pet also includes injuries which occur off the owner’s property. The laws vary from state to state regarding the duties and standards to establish liability on the part of a pet owner for injuries caused by their pet.
Minnesota has a “strict liability rule”. This means a dog owner is absolutely liable for any injury caused by their dog unless the dog is provoked by the injured person or the injured person had no legal right to be where the injury occurred. Furthermore, Minnesota’s “strict liability rule” applies to any injury caused by the dog and does not require that the dog actually bite the injured person or intend to injury the person. In some circumstances, an injured person may have a right to compensation even if there is no contact between the dog and the injured person.
North Dakota follows a different rule. In North Dakota a pet owner is liable only where there is a known vicious propensity (usually a prior bite or attack). A pet owner in North Dakota is liable even when there is no prior attack if the pet is allowed to roam or an attack occurs while the pet is not on a leash, as required by law.
Please remember that every claim is
governed by a Statute of Limitation.