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Dog attacks are more common than people may think. The experience can be traumatic, and can often lead to significant injuries. Understanding dog bite laws and how to prove fault for a dog bite in Missouri can help victims plan and prepare their legal claims.
Who May Be At Fault in a Missouri Dog Bite Case?
Dog owners in Missouri are almost always legally responsible in a dog bite injury case. That said, a dog bite incident may be the fault of several parties, depending on the circumstances.
To prove fault, victims must first know the possible responsible parties and what events would place the blame on each.
The Dog Owner
Missouri dog owners are responsible for ensuring the safety of others and avoiding the risk of dog bite incidents by keeping their pets under control. That includes the responsibility for the dog's behavior, keeping it on a leash when in public, and following the rules regarding dangerous dogs.
If a dog's owner does not take reasonable care and precautions to avoid the risk of an attack, they are likely to be found at least partially responsible for the incident.
It is worth noting that Missouri does not follow the one-bite rule imposed by some other states, which means owners may not be responsible if there is no evidence that they knew their dog was dangerous.
Instead, owners are automatically responsible for damages if their dog bites someone- unless certain conditions are met (see below).
Property Owners
When a dog attack takes place on a person's private property, they may be at fault- even if the dog is not their own. The law puts the responsibility for providing a safe environment for visitors, guests, and patrons.
Lack of animal control resulting in dog bites could leave them liable for damages, along with the dog's owner.
A Dog Bite Victim
In some cases, dog bite victims may carry part of the blame themselves. If they provoked the dog into aggressive behavior, ignored clear warning signs, were trespassing and entered a secured area with a dog inside (assuming reasonable care was taken by the owner), or let a dog off its leash before the attack, they could be at least partially at fault.
As mentioned above, dog owners are automatically at fault if their pets attack someone. The only exceptions are when the dog is provoked or the attack happens when someone unlawfully enters their private property.
How Do Missouri Laws Impact a Dog Bite Lawsuit or Insurance Claim?
Missouri's dog bite laws put the onus on the owners in dog bite cases. Strict liability rules mean that rather than the victim having to prove fault, owners must prove they were not at fault.
In all but a few circumstances, the owner will be held liable for any injuries sustained, as long as there is evidence to back up the victim's version of events.
A dog bite claim is essentially a personal injury claim and follows the same basic fault rules as other injury cases in Missouri.
As Missouri is a pure comparative negligence state, the amount of compensation awarded is based on the percentage of the blame held by each side. If the dog owner can prove that the victim was, for example, 20% responsible, the overall settlement will be reduced by 20%.
What Can Dog Bite Victims Claim?
Like any personal injury case, bog bite victims can claim a combination of economic and non-economic damages.
Economic damages include medical bills, lost wages, and other out-of-pocket expenses. They also cover funeral costs in the event of a fatality.
Non-economic damages cover the emotional trauma and lasting impact on the quality of life for victims and their families. This may include a payment for permanent disfigurement or disability, loss of companionship, or the mental anguish caused by the attack.
How to Prove Fault in Dog Bite Claims in Missouri
Luckily for Missouri dog bite victims, proving fault in these cases is usually reasonably straightforward. Even if the attack does not come from a known dangerous dog breed, Missouri dog bite laws clearly state that owners are responsible.
A victim can claim for damages from the dog's owner if they were:
Attacked by a dog
Bitten on public property
Bitten on private property that they are lawfully occupying
Not provoking the animal in any way
To prove this, victims should gather evidence to support their claim. Some examples of evidence that can be used to prove fault include:
Proof of any previous examples of aggressive behavior from the dog
Statements from witnesses who saw the attack
Photos of where the attack took place
Medical documents showing the extent of the injuries caused
Proof of damages suffered
When to Contact a Dog Bite Attorney?
Dog bite injuries can be serious, and the experience can lead to post-traumatic stress disorder and other long-term consequences. Some cases even result in fatalities, especially when young children are involved.
Contacting an experienced dog bite lawyer as soon as possible is the best way to ensure all evidence is gathered efficiently and quickly. They can also consult on how to prove fault in a car accident in Missouri.
Having professional legal guidance from the beginning in such difficult times takes the pressure off victims and their families to give them time to recover. They can explain how to prove fault for wrongful death in Missouri as well.
Although dog bite lawsuits are usually in favor of victims, thanks to Missouri's strict liability laws, it can still be a long process to agree on a settlement. An attorney can lead the charge and fight on behalf of victims to win maximum compensation and seek justice on behalf of the victim. For more information, a dog bite law firm in St Louis MO may be able to help.
Powell Law Firm: The Experts in Dog Bites and Personal Injury Claims in Missouri
The dedicated personal injury attorneys at Powell Law Firm are respected as leading Missouri dog bite experts. If you or your loved one has been bitten by a dog and are pursuing a dog bite injury claim, you need the best legal minds to see you through the process.
Contact Powell Law Firm today to arrange a free consultation to discuss your case and begin the journey to justice and fair compensation.
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