Missouri Dog Bite Lawsuit Guide: Your Legal Rights
If you were bitten by a dog, you may have a valid claim, regardless of whether the attack happened on public or private property. Missouri follows a strict liability statute when it comes to dog bite cases. This means a dog owner can be held financially responsible, for the most part, even if the dog had not behaved aggressively in the past or if the owner didn’t know that their pet was dangerous.
In this article, we’ll go into how Missouri dog bite lawsuits work, who may be able to file a claim, the state’s dog bite laws and the steps victims and their families can take to protect their legal rights after a dog attack.
What Factors Affect the Value of a Missouri Dog Bite Lawsuit?
Some of the factors that could end up affecting the value of a Missouri dog bite case include:
Severity of the injury: How severely you were injured in a dog attack is probably one of the most important actors when it comes to the value of your dog bite claim. For instance, if you sustained scratches or minor puncture wounds, your compensation may be lower. But, if you suffered serious injuries such as deep cuts, severed nerves, infections, broken bones or limb amputations, then the value of your case might go up significantly.
Surgery and future medical care: If you require surgery, hospitalization, reconstructive surgery or long-term treatment as well as psychological counseling, all of those current and future medical needs and costs should be included in your dog bite claim.
Permanent scarring: If you have been scarred or disfigured in a dog attack, that could substantially affect the value of your claim. This is particularly true when your scars are visible on the face, neck or other exposed areas.
Lost wages: If you were unable to work because of your dog bite injuries, you may be able to seek compensation for lost wages and benefits. If you have suffered permanent injuries that prevent you from going back to work, you may also recover compensation for lost earning capacity.
Pain and suffering: A dog attack can cause a lot of physical pain, which can disrupt your daily life. Under Missouri law, you can seek compensation for past and future pain and suffering.
Emotional trauma: Dog bite victims also go through emotional distress after an attack. They may experience anxiety, post-traumatic stress, depression of even a persistent fear of dogs.
Insurance coverage: A number of dog bite claims in Missouri are settled through the dog owner’s homeowner’s or renter’s insurance policy. The coverage that’s available and insurance policy limits often determine what amount you can recover through a dog bite settlement or verdict.
Comparative fault: Missouri follows a pure comparative fault system, which means that if you are found partially responsible for an incident, your compensation could be reduced by your percentage of fault.
Missouri Dog Bite Laws You Should Know
Here are some of Missouri’s dog bite laws that could affect your case.
Missouri’s Strict Liability Law
Under the state’s strict liability law, dog bite victims can seek compensation from dog owners under most circumstances. The statute says that a dog owner can be held legally responsible when their dog bites someone who is lawfully on public or private property – regardless of the dog’s history or if the dog owner knew their pet could be dangerous.
When the Law Applies
Strict liability typically applies when the victim was not breaking the law when they were at the location where the dog attack happened and they did not provoke the dog. Examples include invited guests, delivery workers, or those walking in public places.
Exceptions to Strict Liability
There are a few important exceptions to Missouri’s strict liability law. The dog owner may not be held liable if the injured person was trespassing on private property at the time of the incident or if they intentionally provoked the dog into attacking. Also, when dog attacks involve canines that are part of a law enforcement agency, they may be exempt – although not in all cases. Even when an exception is raised, the injured person may still be able to get compensation for their losses, depending on the facts of the case.
Statute of Limitations
Under Missouri law, dog bite victims have five years from the date of the injury to file a personal injury lawsuit. Missing this deadline could bar you from recovering compensation, even if you have a strong claim. It is important you consult a Missouri dog bite attorney as soon as possible to protect your rights. Your lawyer can also help you preserve important evidence in a timely manner.
Who Can Be Held Liable?
There are a number of parties who can be held liable for a dog attack and the injuries caused.
Dog owners: In a majority of dog bite cases in Missouri, the dog’s owner is the main party responsible for the injuries and damages caused. Missouri’s strict liability law allows victims to pursue compensation without having to prove that the owner knew the dog had the propensity for aggression.
Landlords: They may be held liable in some situations – especially if they knew a dangerous dog was on the property and had the ability to remove the hazard, but failed to do so.
Businesses: When businesses allow dogs on their premises and fail to maintain a reasonably safe environment, they may be held liable if their negligence contributes to a dog bite injury. In such cases, liability depends on the specific facts.
Dog walkers: A dog walker or dog sitter can be responsible for controlling a dog at the time of an attack. They may also be held liable if their negligence caused the attack.
Property owners: If they knowingly permit dangerous conditions involving dogs, they may be held liable. Whether or not they are held responsible depends on how much control they have over the property, if they knew of the risk and the facts surrounding the attack.
An experienced Missouri dog bite attorney can identify all potentially liable parties to help maximize your compensation.
What Compensation Can You Recover?
Medical expenses: You can get compensation for medical expenses related to the dog attack. This may include emergency treatment, hospital stays, surgery, medications, follow-up care, reconstruction procedures, future medical costs and so on.
Lost income: If your injuries prevent you from going back to work, you can seek compensation for lost wages, bonuses, commissions and other benefits you lost while recovering from your injuries.
Reduced earning capacity: When you suffer serious dog bite injuries like amputations, you may not be able to return to your old job or earn the same income you did before the attack. In such cases, you may be able to seek compensation for reduced earning capacity.
Pain and suffering: Under Missouri law, you can also seek compensation for damages such as physical pain and reduced quality of life. These are called non-economic damages and recognize that a person suffers much more than financial losses in such traumatic incidents.
Emotional distress: A dog bite can also leave lasting emotional effects such as anxiety, depression, post-traumatic stress, fear of dogs, etc. You may also be able to seek compensation when these psychological effects have a significant impact on your life.
Scarring: Permanent scars that are visible may also increase the value of your claim. Such compensation recognizes that this type of scarring also brings emotional impact.
Property damage: If your personal property such as clothing, phone, eyeglasses or other items were damaged during the attack, you can recover the cost of repairing or replacing those items as well.
What Should You Do After a Dog Bite?
1. Get Medical Treatment
It’s important that you get medical care right away, even if your dog bite appears minor. Doing that helps prevent infection, documents your injuries and creates a record that can help substantiate your dog bite claim.
2. Report the Attack
Report the dog bite to your local animal control agency or police department. Such an official report can not only help document the incident, but also identify the dog and its owner. It may even tell us if the animal had a history of aggressive behavior.
3. Gather Evidence
If possible, take photos of your injuries, the location of the attack, torn or bloody clothing, etc. Collect contact information for witnesses and keep copies of medical records, bills and other documents connected to the dog attack.
4. Identify the Owner
Be sure to get the dog owner’s name, contact information and insurance details, if that’s available. Knowing who the owner is important to be able to confirm the dog’s vaccination history and of course, to pursue compensation.
5. Contact a Lawyer
An experienced Missouri dog bite lawyer can help assess the facts, tell you about your rights, assist with gathering evidence and negotiate with insurance companies to fight for the compensation you deserve.
Common Defenses in Missouri Dog Bite Lawsuits
Comparative Fault
Missouri follows a pure comparative fault rule, which means that your compensation could be reduced if you were partly responsible for the dog bite. Insurance companies often try to blame an injured person saying they were careless or ignored warnings in order to reduce the amount they need to pay.
Trespassing
A common defense is that the victim was trespassing when the attack happened. Missouri’s strict liability law generally protects people who are legally on public or private property. But, if someone entered a property without permission and was injured in a dog attack, a property owner could argue that they should not be held liable.
Provocation
Dog owners may also claim the injured party provoked the dog by teasing, hitting, threatening or otherwise causing the animal to react aggressively.
Lack of Ownership
A defendant may argue they were not the dog’s legal owner or did not have control over the animal at the time of the attack. Establishing ownership or responsibility is often important when it comes to determining liability in a Missouri dog bite case.
Frequently Asked Questions
Can I sue if the dog never bit anyone before?
Yes. Missouri’s strict liability law allows dog bite victims to sue even if the dog had never bitten anyone before. You generally don’t need to prove that the owner knew the dog was dangerous to file a claim.
What if I was bitten at a friend’s house?
You may still have a valid claim. Most dog bite claims are filed against a homeowner’s or renter’s insurance policy rather than an individual. So, filing a claim can help you recover compensation while not feeling bad about your friend’s situation.
What if the owner has no insurance?
You may still be able to sue even if the owner doesn’t have insurance because you may still be able to get compensation through their personal assets.
Can I sue if my child was bitten?
Yes, you can file a dog bite lawsuit in Missouri on your child’s behalf. Because children often suffer severe physical and emotional injuries from dog attacks, they may be able to get compensation for medical care, psychological counseling, pain and suffering, etc.
How long do I have to file?
Missouri generally allows five years from the date of the dog bite to file a personal injury lawsuit. But waiting too long can set your case back, which is why it’s important to call an attorney as soon as possible.
Will my case go to court?
Not necessarily. Many Missouri dog bite claims are resolved out of court through settlement negotiations, usually with insurance companies. But, if a fair settlement can’t be reached, a trial may be necessary.
Why Hire a Missouri Dog Bite Lawyer?
There are many ways in which a Missouri dog bite lawyer could help your case:
Investigation: An experienced lawyer can conduct a thorough investigation to build a strong case. This may include gathering medical records, interviewing witnesses, getting animal control reports, preserving evidence and identifying all potentially liable parties.
Negotiation: Insurance companies often try get out of paying you what you rightfully deserve. An experienced attorney can handle all communications with insurers, negotiate aggressively on your behalf and get you a settlement that fully reflects all your damages.
Litigation: If the insurance company refuses to offer a fair settlement, your lawyer can file a lawsuit and represent you in a trial.
No fee unless you recover: Most Missouri dog bite lawyers work on a contingency fee basis. This means you pay no upfront attorney’s fees and your lawyer only gets paid if they recover compensation through a settlement or award. This guarantee allows injured victims and their families to pursue justice without stressing out about legal costs.
Contact a Missouri Dog Bite Lawyer Today
If you or a loved one has been injured in a dog attack, you don’t have to go through the legal process all on your own. Our Kansas City, MO dog bite lawyers can help investigate your case, protect your rights and help you get the compensation you need for medical bills, lost wages and other damages. The sooner you seek legal guidance, the sooner you can start building a strong case and preserving important evidence. Call our law offices today to discuss your options and get a free, comprehensive case evaluation.
Kansas City personal injury attorney James Roswold of Kansas City Accident Injury Attorneys handles cases dealing with victims of personal injury, medical negligence, wrongful death, workers compensation, nursing home negligence, premises liability, product liability, car accident, truck accident and motorcycle accident cases.