Legal Question in Personal Injury in Minnesota

Dog Bite

Hi

I'm wondering--

my husband had a dog before we were married-- he was at home at the time taking a shower, his daughter had a friend over visiting her- the mom came over and in the house to get her daughter- the dog bite the mom-- my husband didn't even know the mom was comming over, she never knocked and walked right in... now he's being sued.. is there any recourse ? any suggestions ??

thank you so much !


Asked on 5/26/04, 1:09 pm

1 Answer from Attorneys

Todd Johnson Johnson & Bannon

Re: Dog Bite

Minnesota statutes provide that "If a dog, without provocation, attacks or injures any

person who is acting peaceably in any place where the person may lawfully be, the owner of the dog is liable in damages to the person so attacked or injured to the full amount of the injury

sustained."

The question is whether the women who was bit was in a place she was legally entitled to be. If she was let in the house by someone, other than your husband, she can probably reasonably say she was legally there. Also, if she has been told in the past to just come in the house, your husband is probably responsible. On the other hand, if she didn't have permission to enter, but just did, I think there is a strong argument she didn't have permission to be there. This matter should be turned over to your husband's home owners insurance and they should provide a defense to this women's claim.

I want to make it clear that our office is not representing you or your husband on this matter.

Good luck.

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Answered on 5/26/04, 2:34 pm


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