Minnesota

Summary: This Minnesota Supreme Court case considers whether sovereign immunity shields the State Patrol from liability after a police canine injured a person in an unprovoked attack. This case stems from an incident that occurred in 2019, where a state trooper brought his patrol vehicle in for service at a car dealership accompanied by his State Patrol canine. During the visit, the canine committed an unprovoked attack on Berrier, who suffered serious and permanent injuries. Berrier sued the State Patrol, claiming her injuries were "a direct and proximate result" of the State Patrol's negligence. After some procedural issues, the district court denied the State Patrol's motion to dismiss, finding that Berrier sufficiently pleaded her claim under the state's strict liability dog-bite statute. In doing so, the court observed that the law imposes strict liability on "the owner" of a dog with a "clear intent to include governmental entities . . ." The court of appeals reversed the district court's order and remanded the case. Berrier then petitioned this court for review. On appeal here, the State Patrol questions whether Berrier adequately pleaded her dog-bite claim and whether the State Patrol has sovereign immunity even not when expressly referenced. The Supreme Court first noted there is a rigorous standard in Minnesota for waiving sovereign immunity where the statute as a whole must be read and interpreted. Previous caselaw held that the dog-bite statute applies to municipal owners of police dogs but did not touch on State actors. However, the court noted that the legislature could have amended the dog-bite law to exclude police dogs after that 2005 case, but did not do so. Further, the language of the dog-bite statute is broadly inclusive and has previously been interpreted broadly to effect the goals of the law (e.g., ensuring a claimant's full recovery). The Court was not swayed by the State's concerns of exposure to wide-ranging liability since only three agencies have active canine programs with few canines actually trained in apprehension or tracking of suspects. The court of appeals decision was reversed and the case was remanded for further proceedings.

Summary: This Minnesota law, effective in April 2024, states that an insurer writing homeowner's insurance for property is prohibited from (1) refusing to issue or renew an insurance policy or contract, or (2) canceling an insurance policy or contract based solely on the fact that the homeowner harbors or owns one dog of a specific breed or mixture of breeds.

Summary: This Minnesota law, effective January 1, 2024, prohibits a landlord who allows an animal from: (1) advertising the availability of a real property for occupancy in a manner designed to discourage application for occupancy of that real property because an applicant's animal has not been declawed or devocalized; (2) refusing to allow the occupancy of a real property, refusing to negotiate the occupancy of a real property, or otherwise making unavailable or deny to another person the occupancy of a real property because of that person's refusal to declaw or devocalize an animal; or (3) requiring a tenant or occupant of real property to declaw or devocalize an animal allowed on the premises.

Summary: This is an action for veterinary malpractice brought by the purchasers of cattle that tested positive for Johne's disease. The veterinarian diagnosed the disease in the seller's herd and treated the buyer's herd for the disease. The trial court granted summary judgment for the veterinarian on the grounds that the statute of limitations had expired for the malpractice claim. On appeal, the court reversed the district court's granting of summary judgment, as it determined that the record indicated a genuine issue for trial as to the causation of the spread of the disease among the herd of cattle and whether adequate hygiene would have reduced the spread of the disease.

Summary: This Minnesota regulation states that, unless otherwise provided, a dog, cat, or ferret imported into the state must be accompanied by a certificate of veterinary inspection. A dog, cat, or ferret three months of age or older imported into the state must be currently vaccinated for rabies unless they meet all conditions of subpart 1, item D, or are exempted by the board based on the written recommendations of a licensed veterinarian who has examined the animal and who has determined that vaccination is contraindicated due to a medical condition.

Summary: This Minnesota law, effective January 1, 2020, prohibits the sale of a "prohibited animal part." This is defined as a tooth or tusk from any species of elephant, hippopotamus, mammoth, mastodon, walrus, whale, or narwhal, or any piece thereof, whether raw or worked. Certain exceptions are written into the law including certain antiques (as defined), possession by a bona fide scientific or educational institution, and items expressly authorized under federal law.

Summary: This Minnesota law allows a statutory or home rule charter city to adopt an ordinance permitting food and beverage service establishments to allow dogs to accompany persons patronizing designated outdoor areas. The law describes the permitting process that establishments must first undergo. At a minimum, the ordinance must include the following five requirements, which must be posted conspicuously on a sign at the premises: (1) employees must be prohibited from touching, petting, or otherwise handling dogs; (2) employees and patrons must not allow dogs to come into contact with serving dishes, utensils, tableware, linens, paper products, or any other items involved in food service operations; (3) patrons must keep their dogs on a leash at all times and must keep their dogs under reasonable control; (4) dogs must not be allowed on chairs, tables, or other furnishings; and (5) dog waste must be cleaned immediately and the area sanitized.

Summary: In this case, the Township brought action against property owners to enjoin the owners from possessing exotic animals on the property, operating an animal exhibition on the property, and operating a business pelting exotic animals on the property. The District Court invalidated the township's exotic animal ordinance as conflicting with state statute, determined that an animal exhibition was not a permissible use under the township's zoning ordinance, and permanently enjoined the owners from operating an animal exhibition and conducting any retail sales, except for horticultural products produced on the property. This court held that the exotic animals ordinance did not conflict with state statute nor was it preempted. Further, this court held that the property owners' grandfathered possession and exhibition of exotic animals was limited to one wolf; animal control officer exception to exotic animal possession was limited to temporary possession of exotic animals in conjunction with owner's work as an animal control officer; township was not estopped from enforcing its exotic animal ordinance; and interpreting zoning ordinance's language to require sale of horticultural products from the land itself was not inherently unreasonable. Affirmed in part, reversed in part, and remanded; motion dismissed.

Summary: This Minnesota states that a person may not use a motor vehicle to intentionally drive, chase, run over, kill, or take a wild animal.

Summary: This Minnesota law states that a publicly-funded higher education facility that confines dogs or cats for science, education, or research purposes and plans on euthanizing a dog or cat for other than science, education, or research purposes must first offer the dog or cat to an animal rescue organization.