Must the dog have attacked before so the owner had notice it was vicious?
A: At common law the owner of a dog was responsible for the harm caused by the dog only if you could show that the owner knew or should have known that the dog was dangerous or otherwise possessed a vicious propensity. What became known as the "one bite rule" was the law of the land. That is, only once a dog had bitten somebody the first time was the owner on notice that the dog might bite others. So in essence the dog owner got a pass on responsibility for the harm caused by the first bite incident.
Minnesota has, however, enacted a statute that supersedes the "one bite rule." That statute provides:
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.
No more free passes and no need to show the owner of the dog knew it might be dangerous. If the dog causes harm there is legal responsibility for the harm caused.
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Hazelton Injury Attorneys
P.O. Box 1248
677 Anne St.
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Bemidji, Minnesota 56601
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