Legal Question in Personal Injury in Minnesota

Liability regarding potentially aggressive dog

I rescued a dog (lab mix) from the streets and found a home for him after having gone through a lot of training with him over 8 months. He is quite friendly, but has some aggression towards children and sometimes other dogs. I informed the new owner of his behavioral issues and training methods I've used, and wrote them down. I advised her to take him to obedience school, which she said she would do. She has had him for 2 months, does not discipline him, and rarely excercises him. She threw away the information I provided her with and has no intention of training him. My concern is that if he ever bites anyone (his anxiety has escalated-he's inside most of the day), she could say she never knew about his tendencies and blame it on me for not having informed her. I am caring for him now (she's in the workhouse) and he bit someone (no broken skin) recently under my care. Could I be held responsible if he bites someone when she has him? AND, if I try to take him back from her because she's an irresponsible owner, could I be accused of stealing him? We signed no formal papers upon transfer of the dog, but she did register her name as the owner with the microchip service. Thank you very much.


Asked on 9/09/07, 3:44 pm

1 Answer from Attorneys
J D Haas

Re: Liability regarding potentially aggressive dog

First issue: you are responsible if in your care the dog bites someone. Minnesota, with 2 exceptions, is a strict liability state. That means that you are responsible if the dog bites without provocation and without a person trespassing. Second issue: your liability if she takes the dog back: I don't see you being liable. She is the dog owner, she is liable. Send her a registered letter with your concerns and keep a copy of the letter and the fact that she received the letter telling her about training. That should protect you. Third issue: if you take the dog back without her consent you might be liable for taking her property.

If my answer is satisfactory, I greatly appreciate positive feedback.

Please be aware that my answer is not legal advice, it is merely information. You and I have not entered into an attorney/client relationship. The only way that I am legally responsible for your legal rights is if you have signed a written retainer agreement with my law firm.

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Answered on 9/09/07, 5:14 pm


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