As man’s best friend, dogs can provide much joy to our lives. But, there may come a time when a dog’s loyalty falters and a bite occurs. As estimated by the American Veterinary Medical Association (AVMA) and the Centers for Disease and Control (CDC), more than 4.5 million people are bitten by dogs each year and 1 in 5 people bitten by a dog require medical treatment. While an animal bite incident can be jarring, it is important to understand Missouri’s dog bite laws before filing a personal injury claim.
The Difference Between “One-Bite” and Strict Liability Rules
Laws determining a dog owner’s liability for the damages caused from a dog bite vary state by state. But, there are two main rules that govern dog bite laws: the “one-bite” rule and strict liability rule.
One-Bite rule holds owners liable for injuries only if they knew or should have known that their dog was dangerous to other people based on its previous behaviors at home or in other social settings. Owners will be held liable if they knew their dog showed signs of acting aggressively, if they should have known their dog was dangerous and it caused damages to a person or property during the incident.
The strict liability rule states that anyone who has a dog should be responsible for their actions and any damages they may cause regardless of whether or not the owner did something wrong. Strict liability laws require that the dog owner is liable if the injured person was not trespassing or breaking the law at the time of the incident and did not provoke the dog in question.
What is Missouri’s Dog Bite Law?
In Missouri, dog bite liability cases fall under the strict liability rule for dog bite injuries and generally, must be filed within 5 years of the incident. According to Missouri Revised Statutes section 273.036.1, a dog owner is liable for the injured party regardless of witnessing former viciousness or knowledge of a dog’s potential to harm someone. A dog bite injury can result in a lawsuit in Missouri when:
- The injury sustained was caused by the dog bite;
- The injured person was on public property or lawfully on private property; and
- The injured person did not provoke the dog into biting them.
Experienced Dog Bite Lawyers
At MHM, we understand the lack of trust and psychological trauma you may feel from experiencing an unexpected dog bite. If you or a loved one is bitten by a dog and suffered a serious injury, our animal and dog bite attorneys are prepared to help you understand Missouri’s dog bite laws and fight for the compensation you deserve.