Dogs that bite Children

We do not like to get a tragic call from the parent that starts out something like: ” I couldn’t believe it, but suddenly, the dog attacked and bit my child.”

Unfortunately, we get many of these calls and most of them follow a similar script. In most cases, the dog has bitten the child on the face, less often on the arms or leg. A lot of the time, these are very young children.

In Minnesota, the dog owner or person responsible for its care is absolutely liable for any injuries caused by the dog. The only real defense to the claim is that the dog was provoked, and honestly, this typically doesn’t work too well for the defense.

In most instances, a young child is simply curious about the dog, tries to pet the animal and is bitten. This is not provocation. Facial scarring is sometimes horribly traumatic to the parents, not to mention the child.

The good news is that many of these scars can be surgically corrected and obtaining the necessary funds for this is usually a major goal of our representation.

Also, in many cases, the child can obtain a structured settlement which will allow the funds to earn interest tax-free until the funds are distributed.

Motorcycle Helmet that Failed

My young client’s husband was killed when his motorcycle helmet came off when he was T-boned in an intersection by a van that had run a red light.

Nick Foreman and I were able to prove that the helmet he was wearing violated safety codes, and that the manufacturer had a duty to warn about dangers of the helmet possibly coming off in an impact after the product had been sold and was in the hands of the consumer.

Nick is a brilliant trial lawyer that I partner with on complex cases. This duty is now established; under Minnesota law, there is a post-sale duty to warn people of the risks involved. Through expert testimony, we were able to establish that the manufacturer failed in its efforts to properly notify its customers of the dangers inherent in a foreseeable mistake in fastening the chin strap.