Dogs can cause many different types of injuries, from puncture wounds to nerve damage, crush injuries, infections, and even rabies. But physical trauma is only part of the impact. Oftentimes, the victim can suffer emotional ramifications such as a permanent fear of dogs, and a drop in their daily quality of life. Have you or a loved one suffered a serious dog bite?
Who should you hold responsible?
Missouri Dog Bite Laws
The state of Missouri has specific laws addressing dog bites. Section 273.036 of the Missouri Revised Statutes allows you, the victim of a dog bite, to hold a dog owner liable for your injuries if:
- the injury was the result of a dog bite
- you, the injured person, were on public property or lawfully on private property, and
- you, the injured person, did not provoke the dog
The dog bite laws in Missouri apply to both owners and possessors of the dog, meaning dog walkers may be held liable. It may also apply when the victim is on the dog’s owner’s property as the victim is not a trespasser. Howe ve, the statute does not apply to non-bite injuries inflicted by dogs, for example, a scratch or fall.
Call (877) 284-6600 today or reach out online for a free case evaluation with our Kansas City dog bite lawyers.
Strict Liability
Missouri uses what is called a “strict liability” rule when it comes to dog bites. This means that the dog’s owner is liable if the dog bites a person, even if the owner took reasonable care to restrain the dog or otherwise prevent the attack from occurring.
Standard Negligence Claims
There are other injuries that dogs can inflict simply by jumping on you or even knocking you down. In these situations, the dog bite attorneys at Nash & Franciskato would build a standard negligence case against the owner of the dog showing he or she failed to use reasonable care and, as such, resulted in your injuries.
Dangerous Dog Statute
Some states have what is known as a “dangerous dog” statute that imposes special restrictions on dogs that are labeled dangerous or vicious and may require owners to keep them securely confined, removed from the city, or even destroyed. Missouri does not have a Dangerous Dog Statute.
Need Additional Information About Dog Bites?
- State Dog Bite Laws: “One-bite” Vs Strict Liability Laws
- Kansas City Dog Bites: The Basics
- Pet Ownership by State
Deadlines for filing Missouri Dog Bite Lawsuits
In Missouri, an injured person has five years under the state’s statute of limitation to bring a dog bite case to court, which usually starts running on the date of the injury.
Addressing Potential Defenses to Dog Bite Lawsuits
The most common defenses to your dog bite claim are provocation and trespassing. As we explore and investigate your dog bite claim, we ensure it meets the standards specified:
- that there was no provocation
- that you, the victim, were not unlawfully trespassing
Provoking a dog includes things such as teasing or abusing the dog, for instance, poking it with a stick or pulling its tail.
You must also be either on public property or “lawfully” on private property. That means, if you are trespassing and get bitten, the dog’s owner may not be liable.
If provocation and trespassing are proven, it does not mean you do not have a claim. If you are partly responsible for the injury, Missouri law still allows you to pursue a claim under comparative negligence. This just means that any damages will be reduced by the amount of fault assigned to you, the injured party. For example, if you are found to be 50% responsible for the injury, your total damages would be reduced by 50% leaving you with a 50% award.
Questions? Call us today at (877) 284-6600 and talk to one of our experienced staff.
Receive a Free Evaluation from Experienced Dog Bite Attorneys
Dog bites can result in long-term medical treatment, including multiple surgeries, rehabilitation and therapy, and plastic surgery. Your legal options may depend on the city in which the attack occurred, so you need an aggressive legal team familiar with the law who will negotiate a settlement ensuring all future medical care is covered.
The Nash & Franciskato Law Firm in Kansas City has handled many serious animal attack cases involving dog bites. Our caring and compassionate lawyers look at all angles in order to obtain the compensation you deserve.
Plus, our personal injury legal team gives you:
- Over 80 years of combined experience
- Trusted legal advisor committed to your needs
- Super Lawyers for over 10 years
- The AV Preeminence Rating for Ethical Standards & Legal Ability
- Compassionate advocacy for you and your family
Proven Results
$80,000 settlement for a 10-year old girl who was bitten in the leg by a neighbor’s dog when walking home.
$55,000 settlement for a 16-year old girl who was bitten in the face by a dog at the adoption facilities at a Petco store.
If you or a loved one has been the victim of a dog bite, find out if you can hold the animal’s owner liable for injuries suffered. Contact our dog bite lawyers in Kansas City for a free, no-obligation case evaluation.
You deserve to hold a dog owner or handler responsible for the actions of their pet.
Contact Us for a Free Review of Your Case
Editor’s Note: This page was originally written on February 14, 2016. It was reviewed for content and accuracy on October 8, 2024, when it was re-published.
FAQ
Yes. The state of Missouri has specific laws regarding dog bites. In addition to these laws, most local communities will have animal laws covering bites, leash laws, and vaccinations.
Most communities have local leash laws that require dogs to be on a leash unless confined to a house or fenced yard even on your own property.
The attorneys at Nash & Franciskato will contact your local humane organization or animal shelter so that we know what applies to your specific dog attack.
In some states, a dog’s owner is not held liable for the first bite the dog inflicts. Once an animal has demonstrated vicious behavior, such as biting, the owner can be held liable.
The “one bite” rule is not applicable in the state of Missouri.
A sign can help to alert others of the presence of a dog. However, when a dog attack occurs, the specific facts will determine liability.
Yes, as long as you were not provoking the dog. Some examples of provocation would be hitting the dog, pushing a stick at the dog or its face, or yelling at the dog.