The American Pet Products Association (APPA) reports that 58 million households in the United States own dogs, making dogs the most owned pet in the 82 million households that have pets. While cats, reptiles, and some other pets can bite, scratch, or otherwise cause harm, dogs are known to bite or otherwise attack. Many people get dogs specifically for protection. While there are times when it may be appropriate for a dog to bite, sometimes you are the innocent victim when a dog attacks or bites you for no apparent reason. When this happens, the dog owner should be held accountable. At Steelman Gaunt Crowley, we may be able to assist you in protecting your rights and fighting for compensation for a Missouri dog bite. Call (573) 341-8336 to schedule a complimentary consultation where we may review your case and provide legal guidance regarding your next steps.
Why Do Dogs Bite?
Some dogs may bite as part of play, and particularly when they are puppies, may bite a little too hard because they do not realize they can hurt someone. However, these types of bites rarely cause injury and most people do not think twice about them. The kind of dog bite that can cause injuries severe enough to consider filing a lawsuit against the owner does not result from play, but from other, less positive circumstances.
Some dogs are trained to attack and will bite anyone or anything that comes within reach of their teeth. These dogs are particularly dangerous. Other dogs may not appear dangerous at all, but may bite because they are:
- Chained up or in another stressful or uncomfortable situation
- Scared, threatened, or otherwise provoked
- Being abused now or in the past
- Protecting themselves, their puppies, or their guardians
- Ill or injured
- Being hit, stepped on or pulled on (such as tails, legs, ears, or fur)
- Trapped in a small space
Which Dogs Have the Most Damaging Bite?
Determining which dogs have the most damaging bite can be difficult. Bite severity is determined by wound size, tissue tearing, bone fractures, and other injuries severe enough to cause facial trauma or require reconstructive surgery. Additionally, in looking at the reports, the most damaging dog bite is unknown because the victim, any witnesses, and/or the dog’s owner did not know the dog’s breed.
Of those dogs that have been identified in dog bites, the most damaging bites are:
- Pit bulls
- Mixed breeds
- German Shepherds
- Terriers
- Rottweilers
While knowing that these dogs may cause more damage with their bite can be beneficial in protecting oneself from injury, it is important to remember that any dog, of any size or temperament, can bite and may cause significantly more damage than expected. Individuals should always be cautious around dogs they do not know.
Common Dog Bite Injuries
Dog bite injuries can vary widely, depending on the dog’s breed, why the dog chose to bite, and the victim’s reaction to the bite. Some of the more common injuries include puncture wounds, severe lacerations that require stitches or sutures, serious infections, nerve damage, dismembered fingers, partial paralysis, chronic pain, and scarring. Those are just the visible, physical injuries a dog bite victim may sustain, though.
Many individuals who are bitten by a dog also suffer emotional distress, mental anguish, or post-traumatic stress disorder (PTSD). These non-physical injuries can be just as painful and distressing as the physical injuries, but are much harder to heal. These mental and emotional injuries may require extensive therapy to manage and in some cases, may never be overcome.
Who is Most Likely To Be Hurt By Dog Bites?
Anyone of any age can be a dog bite victim. However, some people are more vulnerable and likely to suffer severe injuries than others. Children, particularly those under the age of four, are the most vulnerable to dog bites. These children do not understand the danger dogs can present and are therefore more likely to approach unknown dogs (or even dogs they do know) with less caution and an enthusiasm that may overwhelm or scare the dog, resulting in a dog bite and injuries.
Additionally, injuries that children sustain may have long-term repercussions on their physical growth and development. They may need more intense and invasive treatments to recover from some injuries. They are also more likelty to develop a fear of dogs. If you or your child has been bitten by a dog, a personal injury attorney at Steelman Gaunt Crowley may be able to help you get the compensation you deserve under the law.
When Are Missouri Dog Owners Liable for Their Dog Biting Someone?
When someone is bitten by a dog, they typically expect the dog’s owner to pay for their medical bills and other expenses associated with the dog bite. However, some dog owners may not want to take responsibility for their dog’s actions, or they may not have the money or insurance to do so willingly. In these cases, the law is on the victim’s side, providing laws that hold the dog’s owner responsible and ensure that victims file their lawsuit in a timely fashion.
Dog Owner Liability
Every state has its own laws regarding owner liability for dog bites, with some states having a “one bite” rule that assumes the owner may not know the dog will bite and allows one bite before the owner is held liable. However, Missouri is not one of those states and has strict liability laws for dog bites. Per RSMo §273.036, Missouri dog owners are liable for any injuries or damages caused by their dog if the dog bites while on public property or on the dog owner’s property if the victim is there lawfully. Under this law, it does not matter if the dog has bitten before or if the owner knew the dog was aggressive.
Additionally, the state also uses a comparative fault system. This means if the victim contributed to the attack, such as by provoking the dog or ignoring warning signs, their compensation may be reduced by the amount of fault they bear.
Missouri Statute of Limitations
Like most states and most lawsuits, there is a statute of limitations on filing a dog bite claim. Per RSMo §516.120, Missouri dog bite victims have five years from the date of the dog bite to file their claim. If they do not file their claim within that timeframe, they will be permanently barred from doing so and will not be able to recover any compensation.
How a Missouri Dog Bite Attorney May Assist You
Dog mouths are full of bacteria, some of which can be harmful to humans, and can also transmit diseases such as rabies and leptospirosis to humans. In a best case scenario, a dog’s bite will only cause physical injuries such as puncture wounds or tissue damage. In a worst case scenario, you may suffer serious infections that could potentially cost you the limb that was bitten. At Steelman Gaunt Crowley, our Missouri dog bite attorneys may be able to gather evidence, negotiate with the dog’s owner or their homeowner’s insurance, and if necessary, fight for your rights in court. Call (573) 341-8336 to schedule a consultation and learn more about how we may be able to get you the compensation you deserve under the law.
