The Dog Owner 's Liability Statute Essay

2488 Words Oct 13th, 2016 10 Pages
Whether or not an individual is considered to have been attacked or injured, under the Minnesota dog owner 's liability statute, section 347.22, when she was thrown against a tree, when a dog sledding team veered off of a designated path in pursuit of an animal, causing her to suffer broken bones, bruises, and lacerations.
BRIEF ANSWER
Probably yes. Under Minnesota 's dog owner 's liability statute, section 347.22, a dog owner will be held to be strictly liable for the full amount of injuries sustained by an affected party, if their dog, without incitement, attacks or injures an individual who is acting peacefully in any place where the individual has a lawful right to be. In the context of the statute, the statutory phrase "attacks or injures" contemplates action by a dog that directly, and immediately produces injury to the individual the dog attacks or injures. On Staycia 's facts, a court would probably rule that Staycia was injured, but not attacked, when she was thrown off of the dog sled, against a tree, suffering significant bodily injuries. This will likely hold true because the dogs act of upsetting the sled by attempting to chase the animal down the narrow path, caused the sled to crash, immediately resulting in Staycia being thrown against the tree.
STATEMENT OF FACTS Our client, Staycia Jones, is a newly-practicing family physician in Southfield, Minnesota. In the winter months of February 2016, Staycia Jones and her fiancée, Ray Lewis, were vacationing in…

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