Dog Bite Injury: Do I Have a Case?
Dog bites are nothing to scoff at. A bite can result in a debilitating injury requiring emergency medical attention. Minnesota law allows injury victims to pursue compensation for injuries through a personal injury lawsuit. But how do you know when you have a case?
Here’s the rundown.
How Serious Is a Dog Bite Injury?
A dog bite can cause severe wounds. Many bites cause deep cuts, nerve damage, and permanent scarring. If the wound isn’t treated correctly, it could lead to infection. Along with the physical harm, a dog bite can cause emotional distress, such as anxiety and PTSD.
What Causes Dog Bites?
Dog bites can happen for various reasons, including:
- Fear: Dogs may bite if they feel threatened or scared.
- Territorial behavior: Dogs can become aggressive when they feel their territory is invaded.
- Protectiveness: Dogs may bite to protect their human family or other dogs.
- Pain: Injured or sick dogs may become irritable and bite when touched.
- Provocation: Sometimes, teasing or aggressive behavior toward a dog can provoke it to bite.
Understanding these common causes can help you prevent a dog bite injury. But no matter how careful you are, accidents can still happen – and you may be entitled to compensation.
Establishing Liability: Do You Have a Case?
Minnesota’s dog bite laws favor injury victims because Minnesota follows a "strict liability" rule. Strict liability means the dog’s owner is automatically liable if their dog "without provocation, attacks or injures any person who is acting peaceably in any place where the person may lawfully be.” (Minnesota Statute § 347.22).
To have a viable case, you only need to show that:
- You were injured by a dog bite.
- The dog was unprovoked.
- You were someplace you had a right to be.
The only facts that could stand in the way are if you provoked the dog or you were trespassing when the dog attacked you. (But even then, you should still contact a personal injury attorney to make sure. You could have a stronger case than you realize!)
Evidence Needed to Support Your Case
To prove your claims, you’ll need evidence, including:
- Medical records showing that you were treated for your injury
- Photographs of the injury or the location where the attack happened
- Witness statements from anyone who saw the attack
- Incident reports from the police, animal control officers, or other official figures
Your attorney will help you gather the evidence to support your case.
Dog Bite Injury Statute of Limitations
As with any other personal injury claim, Minnesota limits how long you can wait before filing a lawsuit for a dog bite. The statute of limitations for a dog bite injury is six years after the attack. You may lose the right to file a claim if you miss that deadline. However, there are exceptions, so you should always consult an attorney before deciding not to pursue a dog bite case.
What Is Fair Compensation for a Dog Bite Injury?
The compensation available for a dog bite varies depending on how serious the injury is. Your claim may cover several damages, such as:
- Medical expenses
- Lost wages
- Lost earning capacity
- Pain and suffering
If the owner has shown gross negligence in keeping their dog from harming others, you may also be able to seek punitive damages.
How a Personal Injury Attorney Can Help You
Minnesota personal injury law can get complicated fast. An experienced dog bite attorney can guide you through the process by:
- Explaining your rights
- Gathering evidence to prove your claims
- Negotiating with stubborn insurance companies
- Representing you in court (if necessary)
You can relax and heal while your attorney handles the hassles.
Dog Bite Injury FAQs
Do I still have a case if I provoked the dog?
In Minnesota, you may not have a case if you provoked the dog. Provocation can include actions like teasing, hitting, or threatening the dog. However, you should always consult an attorney before making a final decision.
What if the dog was on a leash when it bit me?
The owner can still be liable for injuries even if the dog is on a leash.
What if a dog sitter or walker was watching the dog?
In Minnesota, depending on the circumstances, both the dog's owner and a person temporarily responsible for the dog, such as a sitter or walker, can be held liable for a dog bite injury.
How long do I have to file a lawsuit for a dog bite?
In Minnesota, the statute of limitations for dog bite injury claims is six years from the date of the injury.
How much will it cost to file a claim?
Not a cent! Your attorney will be paid on a contingency fee basis, meaning their fee is contingent on winning your case. You won’t owe them a thing until you win. Then, your attorney’s fee and other expenses related to the case will be withdrawn from your compensation package.
How will the dog's owner pay my compensation?
The compensation will come from the owner’s insurance company, not directly from the owner. In most cases, the owner's homeowner's or renter's insurance policy will cover the costs of your dog bite claim.
Will I have to go to court?
Probably not. Almost all dog bite cases are settled out of court. Your attorney will negotiate with the dog owner’s insurance company to reach a settlement. If they can’t agree to a fair settlement, the case may go to court, and your attorney will prove your claims to a jury or judge.
Do I need a lawyer for a dog-bite lawsuit?
While you can technically represent yourself, having an experienced personal injury attorney will significantly increase your chances of receiving fair compensation. An attorney can gather evidence, negotiate with insurance, and defend your rights in court.
So – Do You Have a Dog Bite Injury Case?
To determine whether you have a valid case, you only have to answer these three questions:
- Were you injured by a dog?
- Were you ignoring the dog or treating it respectfully when it attacked (i.e., not provoking it)
- Were you someplace you were allowed to be when the attack happened?
If the answer to all these questions is yes, you likely have grounds for a personal injury lawsuit. If you aren’t sure, your attorney will help you answer them. Most law firms provide a free consultation to get the clarity you need without paying a dime!
Get Help for Your Dog Bite Claim from SiebenCarey
If you’ve been injured by a dog bite, contact us right away. We’re ready to fight for your rights!
SiebenCarey is the ONLY Minnesota law firm with a 70-year legacy of helping injury victims get fair compensation. When you let SiebenCarey represent your case, you’ll get the full benefit of:
- A 70-year record of success
- Proven skills in settlement negotiations and jury trials
- Comprehensive legal resources
- An experienced team of lawyers, paralegals, and on-staff investigators
- The “Know Your Rights” promise of personal care and clear communication
Of course, we always work on a contingency fee basis. You won’t pay fees or expenses until we win your case.
Reach out today! Let’s talk.