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Understanding Liability in Dog Bite Cases

Aggressive dog showing teeth about to give someone a dog bite.

A dog attack or even just a singular bite can be a very painful and traumatic experience. Regardless of whether or not the dog has shown violent tendencies in the past, it can still be a scary experience and can result in emotional and mental harm, alongside the physical harm of the bite. Following a bite from another person’s dog, you may be entitled to compensation. In this situation, a lawyer may be able to help. At Steelman Gaunt Crowley at (573) 341-8336, our lawyers are dedicated to fighting for you and ensuring you receive the compensation you deserve. If you believe you are entitled to compensation, contact us today to learn more about your rights and how to get started building your case. 

How Do You Know if You Are Entitled to Compensation? 

Many dogs are friendly, easygoing animals who attack only when agitated or threatened; however, some dogs may bite due to an aggressive tendency, a history of violence, or any number of other reasons that can be difficult to account for. In dog bite cases, these attacks lead to injuries which may entitle you to compensation. 

The “One-Bite” Rule, Strict Liability, and Dangerous Dogs 

Many states hold to the “one-bite” rule, which gives dogs grace for the first bite before the owner is liable. Missouri changed this rule with Revised Statute 273.036, meaning that owners are now liable following their dog’s first bite. This revised statute means the owners are now under strict liability, which means that an owner is liable regardless of the dog’s history or the owner’s intent. 

Dogs might be classified as dangerous due to a history of aggressiveness and biting. A dangerous dog refers to one that has caused serious harm to at least one individual and should be seized by the authorities or animal control. In these cases, the owner may be charged with a misdemeanor or felony following the attack due to failure to comply with regulations about dangerous dogs. Revised Statute 578.024 outlines the procedure for dealing with a dangerous dog. 

What Compensation Could You Receive? 

A dog bite can vary in intensity; however, any dog bite has the potential to be harmful and traumatic. The owner of the dog will be required to pay $1,000 in fines; however, a dog bite case can result in a settlement of thousands of dollars awarded to the victim. Because a dog bite can cause serious physical harm, the victim may be entitled to the cost of the medical bills and rehabilitation as well as the equivalent of any wages that might have been lost as a result of the incident. In some cases, a victim might even need plastic surgery or some other intensive surgery in order to deal with injuries following the attack. These might all be 

A victim may be entitled to compensation for pain and suffering, as well as emotional damages. If livestock or property were involved in the attack, the owner may be required to pay compensation for those as well. 

What Might Prevent You From Receiving Compensation? 

There are two main requirements for a dog bite case: the attack was unprovoked and the attack happened on public property or when the victim was legally on private property. Essentially, if the victim provoked or threatened the dog in any way, the party may be held responsible for part or all of the damages. In this instance, some or all compensation may be withheld. The attack must also have taken place on public property or private property the victim had legal reasons for being on. If the victim was trespassing at the time of the attack, compensation may be withheld. 

When Should You File a Claim? 

Filing a claim on a dog bite case sooner rather than later can be helpful when collecting witness accounts of the attack as well as neighbors’ and the owner’s testimonies. Memories fade, and these testimonies might become warped over time, but by contacting a lawyer and beginning the process, you may be able to collect more accurate accounts. 

The statute of limitations requires a claim on a dog bite case to be filed within five years of the injury or discovery of the injury. You can contact a lawyer at any time if you have questions or believe you might have a case. If you or a loved one has been injured and wishes to begin seeking compensation, you can contact one of our expert lawyers at Steelman Gaunt Crowley at (573) 341-8336, and we would be happy to help you begin this journey. 

How Might a Lawyer Prove Liability? 

A lawyer might collect a number of testimonies, documents, and reports in order to prove negligence on the part of the owner, innocence on the part of the victim, and to get context on the dog’s history. A lawyer might collect police reports and medical reports to prove injury or incident. Similarly, a lawyer might collect animal control reports to look into the dog’s history as well as owner, eyewitness, and neighbors’ testimonies in order to build a case and determine if the dog has caused trouble in the past or is designated as a dangerous dog. 

You Can Contact an Experienced Missouri Dog Bite Lawyer Today to Ensure Your Legal Rights are Protected 

Dog bite cases and dog attacks have the potential to be very traumatic, very stressful incidents. Injuries following the attack, as well as expenses incurred directly, such as medical bills and pain and suffering, or indirectly, such as lost wages, can make life more difficult following the attack. Navigating liability and seeking compensation in dog bite cases can also add stress and frustration to an already difficult situation. Our lawyers would be happy to help alleviate some of this stress by working with you on your case and ensuring you get the compensation you deserve under the law. If you wish to pursue legal action following a dog bite, you can contact a lawyer at Steelman Gaunt Crowley at (573) 341-8336.