Who Pays for a Dog Bite in Missouri? | What State Laws Say

Dog bites aren't rare in Missouri. Actually, these incidents are common across the United States. Citing reports from the Centers for Disease Control and Prevention (CDC), the American Veterinary Medical Association says that at least 4.5 million people are attacked by canines each year in this country.

Unfortunately, dog bite victims often sustain injuries that require expensive medical treatment and can even have life-altering consequences.

This leads to the question: If a dog bites someone, who is responsible for the resulting damages and expenses? Below is what state laws say.

Who Is Liable in a Missouri Dog Bite Case?

Dogs are wonderful pets and provide companionship, protection, and love but they can also cause problems. Sometimes, a man's best friend is prone to aggression. This is why Missouri and other states have set specific laws to handle these cases.

Understanding Missouri's Dog Bite Laws

In Missouri, dog bite laws state that people are automatically liable for injuries and damages caused by their pets. This can include physical harm, medical expenses, and property losses.

Dog owners can be held liable, required to pay compensation to the injured person or surviving family members in the event of death, and charged with negligence, which can have serious legal consequences. However, other rules or considerations might apply.

What Does Missouri Law Say?

Under Missouri law, a dog owner can be held liable for any injuries, damages, or losses caused by their pet if it bites another person who is lawfully on the property (whether public or private).

In this state, a dog bite victim can recover compensation by proving that the injury was caused by the animal, without provocation, while on public property or when lawfully present in private spaces. Powell Law Frim can also explain who pays for a wrongful death in Missouri.

Missouri dog owners can be fined up to $1,000 and required to pay personal injury damages to victims, including compensation for the following:

• Medical bills

• Lost wages or income due to time missed at work

• Property damage or loss

• Future medical expenses

• Pain and suffering

• Emotional distress or trauma

• Loss of enjoyment of life

Does Missouri Use the "One-Bite" Rule?

Some states use the "one-bite" rule, which defines that the pet owner must be held liable for injuries and damages caused by a dangerous dog if they knew or should have known about the animal's aggressive behavior or vicious propensities.

In order to establish liability in such states, the injured party must show that the dog's owner knew about the animal's dangerous behavior but was careless or negligent.

Because of this rule, some dog owners may not be held liable for the first bite or attack by their pets.

However, Missouri doesn't enforce similar dangerous dog laws. Instead, victims can pursue compensation by showing they didn't provoke the attack but were injured by the animal in a place they lawfully entered, even if it's the dog owner's property. This is known as strict liability.

Strict Liability in Missouri

Missouri handles cases involving dog bite injuries under the strict liability doctrine, which states that the pet owner can be held accountable for any damages regardless of their knowledge of the dog's aggressiveness or the animal's prior behavior.

What If Someone Sustains a Non-Bite Injury?

The state's strict liability doctrine only applies to dog bites, but people who have sustained a non-bite injury may also be able to sue the pet's owner and pursue compensation through a negligence lawsuit.

To win dog bite lawsuits and recover damages from the defendant, the injured person or plaintiff must prove the following elements of negligence:

• The dog owner had a duty of care, meaning that they were required by law to act in a reasonable manner to control their pets.

• The dog owner breached the duty to take reasonable care of the dog.

• That violation resulted in a dog bite injury to the victim.

For example, people must pay attention to their canines' habits or behavior and take due precautions when walking them. If an aggressive dog injures someone in a situation that could have been avoided, the owner will likely be found negligent.

It's worth noting that an owner can be held strictly liable for a non-bite injury caused by a dog's aggression if they were aware of that behavior when canines are considered "abnormally dangerous."

A dog can be deemed "abnormally dangerous" when it exhibits behavior that is rare in canines as a species and poses a risk to others, such as a tendency to attack and bite people without provocation.

Negligence in Missouri Dog Bite Cases

More often than not, victims must prove that the pet's owner didn't exercise reasonable care to win a dog bite lawsuit, but Missouri uses a rule that can automatically deem a person's actions negligent. It's called "negligence per se."

This rule says that any action that violates a law designed to protect the public and consequently injures a person should be considered negligent. In these cases, it may be easier for victims to win a case and recover compensation for a dog attack.

For instance, in some municipalities, specific ordinances require pet owners to keep dogs on leash in public places. People who ignore this law will likely be considered negligent if someone is attacked by their dog when off-leash.

Can Victims Settle a Dog Bite Claim in Missouri?

In Missouri, dog bite claims can be settled out of court if victims and owners reach an agreement. This is common in this state, as many people prefer to avoid the time and expense of a trial.

Dog bite settlements are all different. The specific amount a person can get will vary depending on several factors, such as the severity of their injuries and the dog's history.

It's always a good idea to seek advice from an experienced personal injury attorney to determine the best course of action for a dog bite case. They can also help with situations like who pays for a car accident in Missouri?

Final Thoughts: Who Pays for a Dog Bite in Missouri?

Dog ownership comes with many responsibilities. Owners are required to exercise reasonable care to prevent their pets from injuring others. Otherwise, they may be held liable for victims' physical harm, damages, and losses.

Anyone who has been attacked and injured by a dog can seek compensation in Missouri. Therefore, it's important to get legal assistance from the best dog bite attorney in St Louis.

At Powell Law Firm, we're proud to offer the legal counsel dog victims need to build a strong case, sue negligent pet owners, and recover compensation for their injuries and expenses. Contact us today and learn more about our services!