Dog bite case against State of MN can move forward, court rules

ST. PAUL, Minn. (FOX 9) - A woman bitten by a Minnesota State Patrol K-9 can now sue the State of Minnesota, a court has ruled.

The case has been working through the courts for years with the state Supreme Court hearing it back in March.

The question is whether the state is liable if K-9s that are part of the state patrol bite and injure someone entirely unprovoked.

At issue is Minnesota’s dog bite law, which holds owners liable for dogs that attack or injure someone acting peaceably in a place they may lawfully be.

"The trooper allowed Miss Berrier to interact with one of the dogs, and the dog bit Berrier without warning," argued attorney Grant Borgen in March. "The words, the owner of the dog, plainly, clearly, and unmistakably apply to the state when the state is the owner of the dog that attacks."

The case stems back to 2019 when Cristina Berrier was bitten by a state patrol canine in Owatonna. She worked at a car dealership where a trooper brought his squad for service. She suffered a long-term injury to one hand and sued the state patrol.

Her suit was about to start trial in 2022 when the state claimed that Minnesota law protects the state from liability claims.

"That means the state patrol is immune from suit under that provision here," said Assistant Minnesota Attorney General Michael Goodwin.

The Supreme Court had already ruled 19 years ago that city and county K-9s are subject to Minnesota dog bite law. Their ruling now is that the state patrol should be treated no differently, with no immunity unless the legislature rewrites the law.

Borgen stated via phone, "This confirms exactly what the district court said, and that is the Minnesota State Patrol or any Minnesota state agency, for that matter, is not immune from Minnesota’s strict liability dog bite statute."

Borden says, with the ruling, the lawsuit against the state is back on, and he's expecting a trial within the next six months.