Understanding Missouri’s Dog Bite Laws: Owner Liability and Victim Rights

Missouri has specific laws governing dog bites, designed to protect victims while holding dog owners accountable. These laws are rooted in the principle of strict liability, meaning dog owners are liable for injuries caused by their pets, regardless of whether the dog had a history of aggression. This article explains Missouri’s dog bite laws, covering owner liability, victim rights, defenses, and legal procedures.

Key Provisions of Missouri Dog Bite Laws

Missouri’s primary dog bite law is Section 273.036 of the Missouri Revised Statutes. Here are the most critical aspects:

• Strict liability: Dog owners are held responsible for injuries caused by their dogs, regardless of whether the dog had previously bitten someone or shown aggressive behavior. This sets Missouri apart from states that follow the “one-bite rule,” which requires evidence of prior aggression to establish liability.
• Conditions for liability: For a victim to hold a dog owner liable:
  • The injury must result from a dog bite
  • The victim must be lawfully on public or private property, AND
  • The victim must not have provoked the dog.
• Statute of limitations: Victims have up to five years from the date of the bite, or the date they discovered the injury, to file a claim.

Dog Owner Liability in Missouri

Missouri’s strict liability standard ensures that dog owners are accountable for their pets’ actions under most circumstances. However, there are nuances to consider:

• Dangerous dog laws: If a dog is classified as “dangerous” due to prior attacks, its owner faces enhanced penalties if it bites again. This could range from misdemeanor charges to felonies if severe injuries or fatalities occur.
• Negligence and premises liability: Beyond strict liability, owners may also face claims under negligence or premises liability if they failed to take reasonable precautions to prevent an attack. For instance, landlords who knowingly allow tenants to keep aggressive dogs could share liability.

Laws Against Keeping Dangerous Dogs

Missouri imposes stricter penalties on owners who knowingly keep aggressive dogs. Owners can face misdemeanor charges if:

• Their dog has bitten someone without provocation
• They choose to keep the dog after such an incident, AND
• The dog bites another person.

If a dangerous dog causes someone’s death, the charges can escalate to a felony. A lawyer will investigate whether the dog involved in your case has a history of aggression, as this could influence your compensation claim.

Comparative Fault in Dog Bite Cases

Dog owners may argue that the victim provoked the attack. However, even if a victim is partially at fault, Missouri’s pure comparative negligence law allows them to recover compensation. The injured party is not barred from making a claim, but their compensation may be reduced based on their share of fault. For example, if the victim is found to be 40 percent at fault for provoking the dog, their award will be reduced by 40 percent.

A skilled attorney can challenge claims of provocation and clarify how comparative negligence applies to your case.

Victim Rights and Compensation Available to Dog Bite Victims

Dog bites cause more than just physical injuries — they often result in financial losses and emotional trauma. Here’s what victims may recover with legal assistance:

Economic Damages

These are tangible financial losses such as:

• Medical expenses: This includes emergency care, surgeries, medications, and long-term treatments such as physical therapy.
• Lost wages: If the injury prevents a victim from working, they can seek reimbursement for lost income.
• Diminished ability to earn: If long-term impairment limits the victim’s capacity to earn, they may be compensated for the lowered income.
• Wrongful death claims: In cases where the victim succumbs to their injuries, their family can pursue damages for funeral and burial costs and other related expenses.

Non-Economic Damages

Victims may also be compensated for non-financial hardships like:

• Physical pain and suffering.
• Emotional distress or anxiety (such as a new fear of dogs)
• Loss of confidence due to disfigurement
• Reduced enjoyment of life.

Attorneys document these damages comprehensively while respecting victims’ privacy during recovery.

Filing Deadlines for Dog Bite Claims

Missouri law sets deadlines for filing lawsuits related to dog bites. While injured victims generally have five years to file a personal injury case, it’s essential to act quickly because:

• Many people miss deadlines due to forgetfulness or delays in building their case.
• Evidence must be collected promptly before it becomes unavailable.
• The insurance claims process can consume valuable time before filing a lawsuit.

Hiring an attorney early ensures you meet all deadlines and build a strong case from the start.

Insurance Coverage in Dog Bite Cases

Insurance policies often play a critical role in compensating victims of dog bites. Here’s how different types of insurance might apply:

Homeowners Insurance

Homeowners insurance frequently covers damages caused by dog bites. However, some homeowners lack coverage or own breeds that are excluded from policies. Further, insurance companies may impose coverage limits or use bad-faith tactics to minimize payouts.

An attorney can determine whether pursuing a homeowner’s insurance claim is viable and negotiate with insurers for a fair settlement.

Renters Insurance

For renters who own dogs, renters insurance might cover bite-related damages. These policies apply not only within the home but also in public spaces like parks. A lawyer will investigate whether renters’ insurance applies to your case and take appropriate action.

Steps to Take After a Dog Bite

If you’re bitten by a dog in Missouri, follow these steps for your wellbeing and potential compensation claim:

1. Seek medical attention: Immediate medical care is crucial to prevent infections. Remember to collect all medical records from this point onwards.
2. Report the incident: File a report with local animal control authorities or law enforcement. Keep a copy of your written report.
3. Gather evidence: Take photos of your injuries, gather witness statements, and document any interactions with the dog’s owner.
4. Consult an attorney: An experienced personal injury attorney can help you navigate legal complexities and maximize your compensation.

For personalized legal assistance with your case, contact Shea Kohl Law, LC at (636) 946-9999. Our experienced attorneys specialize in personal injury cases and can help you navigate Missouri’s complex legal landscape effectively.

Why Hiring an Attorney Is Crucial

After addressing immediate medical needs following a dog bite, finding legal representation should be your next priority. Here’s why hiring an attorney is essential:

• Victims often experience emotional trauma that requires their full attention.
• Attorneys gather evidence quickly before negligent owners can destroy it.
• Legal professionals protect victims from lowball settlements and ensure their rights are upheld.
• Navigating complex laws without legal expertise can jeopardize compensation claims.

By entrusting your case to an experienced lawyer, you can focus on recovery while they handle all legal matters.

What Attorneys Do for Dog Bite Victims

When you hire a lawyer, they will outline their approach and handle crucial aspects of your case, including:

Reconstructing Events Leading to the Bite

Attorneys gather detailed evidence by:

• Recording your account of the incident
• Interviewing witnesses
• Collecting video footage or photographs related to the attack
• Consulting experts to assess how negligence contributed to the bite.

This evidence helps establish liability and strengthens your claim.

Determining Fault and Liability

Missouri law holds dog owners strictly liable for bites caused by their pets. Your attorney will use evidence to prove fault and identify all liable parties, including insurance companies that may share financial responsibility.

Calculating Case Value

Lawyers assess how much compensation you’re entitled to by considering:

• Past and future medical expenses
• Costs associated with rehabilitation or mental health services
• Lost income or diminished earning potential
• Non-economic damages like pain, suffering, and reduced quality of life.

Every factor affecting your physical and emotional well-being is accounted for when determining your case’s value.

Pursuing Settlements

Most cases are resolved through settlements rather than trials. Attorneys negotiate aggressively with insurers or defendants to ensure you receive fair compensation. They’ll prevent you from accepting inadequate offers and push for maximum recovery based on evidence.

If settlement negotiations fail, your lawyer will:

• File a lawsuit on your behalf within statutory deadlines
• Identify all potential defendants
• Prepare for trial while continuing settlement discussions
• Represent you in court if the case proceeds to trial.

The ultimate goal is securing full compensation for your losses through every available legal avenue.

Bitten by a Dog in Missouri? Call Shea Kohl Law for Legal Help.

If you or a loved one has suffered a dog bite in Missouri, don’t wait to pursue the justice and compensation you deserve. The experienced attorneys at Shea Kohl Law are here to guide you every step of the way and advocate for what you’re entitled to. With over 100 years of combined legal experience, our team is dedicated to protecting your rights and holding negligent dog owners accountable.

Call us today at (636) 946-9999 to schedule your FREE initial consultation. We’re ready to provide you with straightforward advice, personalized legal strategies, and the representation you need to achieve the best possible outcome for your case.

Don’t let time run out, as Missouri’s statute of limitations is strict. Take action now and trust Shea Kohl Law to fight for your rights.