Like most pet owners, dog owners are often excited to welcome their new family member. Whether they are bringing home a puppy who needs training or a senior dog with an unknown history, they get caught up in the excitement of getting dog beds and other supplies, dog food, leashes, toys, and everything their new furry buddy could need. What they may not do before bringing home their new canine companion is learn Missouri’s dog bite laws. If you are a victim of a dog bite, and not a dog owner yourself, you may be even less familiar with those laws and extremely uncertain what your rights are or the next steps you should take. At Steelman Gaunt Crowley, our dog bite attorneys may be able to review your case, offer guidance and advice regarding your rights and legal options, and file your lawsuit before time runs out. Call (573) 341-8336 to schedule an initial consultation in our Rolla office for more information about seeking justice and compensation as a dog bite victim.
What Is the “One-Bite” Rule and Does Missouri Use It?
Some states have what is called a “one-bite” rule. This rule requires the dog owner to have previous knowledge of their dog’s dangerous nature before being held liable. In other words, the first time a dog bites someone, the owner is not held liable for that bite because the dog did not bite anyone before that. These kinds of dog bite laws give dog owners a free pass on the first bite, but can leave dog bite victims paying for their own injuries and other damages if the dog owner does not willingly take responsibility for their dogs actions.
Missouri does not subscribe to the “one-bite” rule. Instead, Missouri has strict liability laws for dog bites that hold owners responsible from the beginning. This helps to ensure that victims do not have to be responsible financially for something that was not their fault and that the dog owner should have taken steps to prevent.
Missouri’s Strict Liability Dog Bite Laws
RSMo §273.036 is one of Missouri’s dog bite laws and it holds dog owners automatically responsible for injuries or damages caused by their dogs. This law does not offer leniency if the dog has no prior history of aggressive behavior or if the owner is unaware of any aggressive tendencies. This means even if the dog has never been aggressive before or the dog owner just got the dog and was never informed by a previous owner about the dog’s aggressive behavior, the dog owner is still liable for the dog’s attack.
Additionally, the dog owner is responsible if the bite occurs on public property or if the victim is lawfully on private property, including the dog owner’s property. In this context, lawfully means having the owner’s permission or the property being open to the public, such as when the property owner is having a yard sale or an open house to sell the property.
What Damages Is the Dog Owner Liable For?
Missouri’s dog bite laws hold dog owners liable for injuries and damages the victim incurs as a result of the dog bite. These damages include medical expenses, including current and future medications, surgeries, hospitalizations, physical therapy, rehabilitation, and therapy to deal with the emotional trauma. The damages may also include lost wages, pain and suffering, and emotional distress.
Property damage is also included in the damages a dog owner may be responsible for. This can include damaged clothing the victim was wearing, and other items damaged or destroyed by the attack, such as sunglasses or prescription glasses, watches, jewelry, shoes, purses, or wallets. Items the victim was holding or carrying in a bag or purse may also be included if damaged, such as laptops, tablets, cell phones, and other items.
What If the Victim Provoked the Dog?
Provocation by the victim is where Missouri’s dog bite laws become tricky. RSMo §273.036 is the law that holds dog owners responsible for the injuries their dogs cause; however, it includes the words “without provocation.” This phrasing would indicate that if the victim provokes the dog, the dog owner would not be held liable. However, this is not necessarily the case. Further reading into the law indicates that the victim can still recover damages, even if they contribute to their own injuries. This can apply if the victim provoked the dog, ignored warning signs, or otherwise partially responsible for the bite.
Missouri uses pure comparative negligence to determine damages. What this means is that the victim can still recover damages even if they are partially to blame for their injuries, but the compensation they may receive will be reduced by the amount of fault assigned to them. The “pure” aspect of comparative negligence means that even if the victim is 99% at fault, they can still recover the 1% that is not their fault. However, it is important to note that there are still circumstances in which a victim may not recover damages, such as if they were trespassing or abusing or tormenting the dog. If a dog bite victim is concerned that they may have contributed in some way to the attack (for example, if they unintentionally stepped on the dog’s tail), they may wish to consult with a dog bite attorney at Steelman Gaunt Crowley to learn more about how this may impact their specific situation and ensure full awareness of their legal rights and options.
Missouri’s Statute of Limitations
When considering Missouri’s dog bite laws, one must also consider a law that is not specific to dog bites, but does include them: the state’s statute of limitations. Per RSMo §516.120, dog bite victims have five years from the date of the dog bite to file a lawsuit against the dog owner and recover damages. Once five years have passed, the statute of limitations expires and the victim will be permanently barred from filing a lawsuit for the dog bite. This means that they will receive no compensation for their injuries, lost wages, or other damages resulting from the bite. For that reason, it is critical that dog bite victims consult with an attorney soon after their injury to discuss their legal options and begin moving forward with their claim, if they intend to do so.
Dog Bite Laws and Homeowners Insurance
Dog bite victims may wonder if a dog owner’s homeowners insurance (or renters insurance, if they do not own their home) will cover dog bites. Missouri does not have any dog bite laws that specifically require either homeowners or renters insurance to cover dog bites. However, most homeowners or renters insurance policies do cover dog bites. However, coverage limits and specific terms, including possible breed restrictions, vary so dog owners may need to consult their insurance agent or insurance company to confirm coverage. While they do so, dog bite victims may want to continue exploring their options to ensure they are compensated as they deserve under the law even if the homeowners or renters insurance policy does not cover dog bites.
Missouri’s Dangerous Dog Laws
Another aspect of Missouri’s dog bite laws are their dangerous dog laws and the seizure of such dogs. Per RSMo §578.024, a dog is a dangerous dog if it has previously bitten a person or domestic animal without provocation and the dog bites any person on any subsequent occasion. Keeping a dangerous dog carries potential criminal charges and the seizure and possible destruction of the dog.
Dangerous Dog Criminal Charges
Keeping a dangerous dog is a class B misdemeanor. However, if keeping a dangerous dog results in serious injury to the dog bite victim, it becomes a class A misdemeanor. If the previous attack also resulted in serious injury, meaning that both the first and second victims were seriously injured, it becomes a class E felony. If keeping the dangerous dog results in the death of any person, it becomes a class D felony.
While a criminal conviction is not required to file a civil dog bite lawsuit, such a conviction could be used as further evidence in a civil lawsuit. If the dog owner previously kept a dangerous dog and now has a different dog that has attacked someone, this may also be used as evidence of the owner’s negligence in the civil lawsuit. In fact, it may serve to prove the owner’s conduct was particularly egregious and allow the victim to recover punitive damages as well.
Dangerous Dog Seizure and Destruction
In addition to the dog’s owner facing possible criminal charges for a dangerous dog, dangerous dogs can be seized by the county sheriff or an animal control authority. When the dog is seized, the owner is notified and the dog is impounded for 10 business days, during which the dog’s owner can appeal. At the end of the 10 days, if the owner has not appealed, the dog will be destroyed.
This seizure can also be applied to dogs that have never bitten a person before if they bite any person and cause serious injury or death. The same impoundment and potential destruction of the dog applies in this case as well. Because of these dog bite laws, it is crucial that dog bite victims report their injuries to their local health department or animal control agency. This allows authorities to keep track of these potentially dangerous dogs, which may be used to build a case and prove dog owner liability, as well as protect future victims.
Speak With a Missouri Dog Bite Attorney to Learn More
Even the most minor dog attack can result in a variety of injuries, including infections, tissue damage, and broken bones. Dog bites can also cause mental anguish and emotional distress. While you cannot change what happened, Missouri’s dog bite laws provide you with protections that allow you to pursue compensation from the dog’s owner so that you are not financially responsible for your injuries, pain, and suffering. At Steelman Gaunt Crowley, our dog bite attorneys may be able to assist you in understanding your legal rights and options, gathering evidence, negotiating with the dog’s owner or their insurance company, and fighting for your rights in court if necessary. Call our Rolla office at (573) 341-8336 to schedule a complimentary consultation and learn more about your legal rights as a dog bite victim.
