Understanding Dog Bite Personal Injury Cases in Missouri: What Dog Owners Need to Know About Liability
Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri
Dog bites can cause serious injuries, both physically and emotionally. In Missouri, dog bite victims have legal rights to seek compensation, and dog owners can be held liable under specific statutes and legal doctrines. If you're a dog owner or a personal injury victim in Missouri, it's crucial to understand how liability works in dog bite cases.
Missouri’s Dog Bite Statute: Strict Liability
Missouri follows a strict liability rule for dog bite cases. Under Missouri Revised Statutes § 273.036, a dog owner is liable for injuries caused by their dog even if the dog has never bitten anyone before and showed no prior signs of aggression.
The statute provides that:
"The owner or possessor of a dog that bites a person, without provocation while such person is on public property or lawfully on private property, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of such viciousness."
This means the injured party does not need to prove the dog had a history of aggression or that the owner was negligent. Simply put, if a dog bites someone under the conditions above, the owner is responsible.
Key Elements of a Dog Bite Claim in Missouri
To bring a successful claim under Missouri law, the injured person must show:
- The defendant is the dog’s owner.
- The dog bit the plaintiff.
- The bite occurred while the plaintiff was on public property or lawfully on private property.
- The plaintiff did not provoke the dog.
If all these elements are met, the dog owner can be held liable for the victim’s medical bills, lost wages, pain and suffering, and other damages.
Common Defenses in Dog Bite Cases
Despite Missouri's strict liability law, dog owners may assert certain defenses:
- Provocation: If the victim provoked the dog, the owner may not be held liable.
- Trespassing: If the victim was unlawfully on private property at the time of the bite, liability may not apply.
- Comparative Fault: Missouri follows a
pure comparative fault system. If the victim was partially responsible for the incident (e.g., ignoring warning signs or provoking the dog), their compensation may be reduced in proportion to their degree of fault.
Additional Considerations
- Landlord Liability: In most cases, landlords are not liable for dog bites caused by a tenant’s dog unless they had actual knowledge of the dog’s dangerous propensities and control over the premises.
- Criminal Penalties: In severe cases, dog owners may also face criminal charges, especially if the dog was known to be dangerous or previously declared a nuisance.
Why Legal Representation Matters
If you’re a dog bite victim, consulting with a personal injury attorney is essential. An experienced lawyer can help gather evidence, negotiate with insurance companies, and protect your legal rights under Missouri law.
Conclusion
Dog bite cases in Missouri are governed by a strict liability statute that favors victims, but defenses such as provocation and trespassing can still play a role. Understanding the law and acting promptly is critical when seeking compensation.
If you’ve been the victim of dog bite in Missouri, contact a qualified personal injury attorney, like Daniel Finder at Finder Law, LLC to explore your options. We have over 10 years of experience advocating for dog bite victims with a proven track record of success.
