There was a story tonight about a motorcyclist that was injured after his bike was hit by a dog. We see these types of collisions from time to time. We have even have had cases where car collisions have been caused by dogs on the road.
What isn’t always thought about is the difference that exist when a dog is involved. . In Minnesota we have a solid dog bite law that imposes strict liability on the owner of the dog, unless the dog was provoked. So in cases where the dog causes the damage, the statute can be used to deal with the resulting damages.
So if this happens the dog needs to be identified and the owner needs to be found. If there is homeowners a claim may be able to be made.
If you or a family member is bitten or injured by a dog, get the name of the owner. See a doctor. If you need help, get the advice of attorneys who are knowledgeable in handling these cases. Early investigation, needed photographs, and proper evaluation can be the difference between an appropriate recovery and inadequate justice.
Edit: I saw today that the man died. Our sympathy goes out to his family and friends.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.
4 Comments
Barry Doyle
I have actually handled this kind of case twice. In neither case did the dog survive the accident with the motorcycle. Unfotunately for the clients, they both ended up with $80K in medical expenses. Both cases resulted in settlements from the homeowners insurance for the dog owners. The basic theory of liability was that the dog owners had a responsibility to keep their dog confined to the property and were responsible for what the dog did after getting out.
Mike Bryant
Here in Minnesota the strict liability statute makes the claim a little more straight forward. The negligence issue are less utilized. Thanks for taking the time to read and comment.
Pierce Egerton
Mike you alluded to a case where the dog in the road caused the accident. We've seen a rash of similar cases involving livestock that were inadequately fenced and wandered onto a roadway. One unfortunate client stopped to lead a wayward horse off the road when a speeding car hit them both!
Mike Bryant
Sad deal. We have a horse statute that provides for triple damages so Minnesota has some better protection there also. Thanks for taking the time to read and comment.
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