Dog attacks can be traumatic, leaving victims with physical injuries, emotional distress, and lasting consequences. After suffering from a dog attack, one of the critical questions is, “Who is responsible for the injury?” Establishing liability is key to seeking compensation and holding the right party accountable.
Missouri has specific legal statutes governing dog bites, and understanding them is essential for navigating this difficult situation. Below, we’ll explore the laws, key factors involved, and what you can do to protect yourself.
Missouri's Strict Liability Law
Missouri follows a "strict liability" rule when it comes to dog attacks. According to Missouri Revised Statutes Section 273.036, a dog's owner is legally liable if their dog bites someone, as long as the victim was:
- On public property, or
- Lawfully on private property (such as a guest or mail carrier).
Unlike some other states, Missouri does not require the victim to prove that the dog’s owner was negligent or that the dog had a history of aggression. Even if it’s the first time the dog has bitten someone, the owner is still liable.
Exceptions to the Rule
While Missouri’s strict liability law often favors the victim, there are some exceptions. Owners may not be held liable if:
- The victim was trespassing on private property.
- The victim provoked or intentionally harmed the dog.
- The attack occurred while the dog was assisting a law enforcement officer or military personnel in official duties.
Understanding whether any of these exceptions apply to your case is critical, which is why consulting with an experienced attorney is so important.
Who Else Could Be Responsible?
While the owner is typically at fault, there may be additional parties whose negligence contributed to the dog attack. Some examples include:
- Landlords or Property Owners: If the attack occurred on a rented property and the landlord knew of the dog’s dangerous tendencies but failed to take action, they might share responsibility.
- Dog Sitters or Walkers: If someone other than the owner was responsible for supervising the dog at the time of the incident, they could be liable if their negligence played a role in the attack.
- Animal Shelters or Sellers: If a shelter or breeder knowingly placed a dangerous dog with an owner without proper warnings, they might bear some responsibility, although proving this can be challenging.
Having legal counsel can help identify all potential parties who may be liable in your situation.
What Should You Do After a Dog Attack?
If you’ve been bitten by a dog in Missouri, your first priority should always be your health and safety. Here are the steps you should take immediately following the attack:
- Seek Medical Attention
Even minor-looking bites carry the risk of infections like rabies or tetanus. Visit a doctor as soon as possible.
- Report the Incident
Notify your local animal control or law enforcement agency about the attack. An official report can help establish a record of the incident.
- Document Evidence
Take photos of your injuries, the location of the attack, and the dog (if safely possible). Collect the owner’s contact information and any witness statements.
- Avoid Directly Negotiating With the Dog’s Owner
The owner’s insurance company might try to settle the matter quickly and for as little compensation as possible. Avoid signing any agreements before consulting an attorney.
- Contact an Attorney
Missouri’s dog bite laws can be complex, especially if there are exceptions or additional liable parties. An experienced attorney can help ensure you receive the compensation you deserve for medical bills, lost wages, and emotional distress.
What Damages Can You Recover?
Victims of dog bites in Missouri may be entitled to recover several types of damages, including:
- Medical Expenses: Both current and future costs, including surgeries, physical therapy, and medications.
- Lost Wages: Compensation for time missed from work due to the attack.
- Pain and Suffering: Damages for the physical and emotional trauma caused by the incident.
- Property Damage: If the dog also damaged personal property, such as clothing or a cellphone, during the attack.
An experienced attorney can calculate the full extent of your damages to ensure you are adequately compensated.
Holding Responsible Parties Accountable
At Nichols Lang & Hamlin, we understand the emotional toll a dog attack takes on victims and their families. With decades of experience handling personal injury cases, our team is ready to stand by your side and fight for your rights. We have a deep understanding of Missouri’s dog bite laws and a proven track record of securing successful outcomes for clients facing similar challenges.
Don’t wait and suffer any longer after a dog attack. Contact us today at (314) 309-2301 for a free consultation and learn how we can help.