According to the Cleveland Clinic, one in three people with a fear of animals suffer from cynophobia or an extreme fear of dogs. While it is unclear precisely where this fear comes from and genetics may play a role, many people with this fear cite a scary experience with a dog as instilling this fear. Dogs can be terrifying, with their deep growls, loud barks, and sharp teeth on display when they are being aggressive. For someone with a fear of dogs, even a happy, relaxed dog’s presence can cause intense fear. For someone who has previously loved or at least felt neutral toward dogs, being bitten by one may cause cynophobia while costing them significant money in the form of medical bills and lost wages. Fortunately, dog bite victims have several legal rights after being bitten, including the right to recover damages from the dog’s owner. If you or a loved one has been bitten by a dog, an experienced Missouri personal injury attorney specializing in dog bites may be able to assist you. Call Steelman Gaunt Crowley at (573) 341-8336 to schedule a consultation and learn more about your legal options.
Missouri Dog Bite Laws
From strict liability for dog owners to labeling dangerous dogs, Missouri has a few different laws that relate to dog bites. These laws are important when an individual has suffered a dog bite because they establish and protect the victim’s legal rights.
Strict Liability
RSMo §273.036 holds owners or possessors of dogs strictly liable for damages caused when their dog bites someone without provocation. This applies whether the dog bite occurs on public property or while the bite victim is lawfully on private property, such as the dog owner’s home. The dog’s owner can be accountable for all injuries, even if the dog has never bitten anyone before or the owner had no knowledge of the dog’s aggressiveness.
Additionally, this law also holds dog owners responsible for damage to property or livestock that is proximately caused by their dog. This means that if their dog chews furniture, damages a fence, or bites livestock, the dog’s owner is also strictly liable.
Comparative Negligence
Even with strict liability, Missouri does ensure that anyone at fault in a dog bite incident is held responsible for their actions. This means that they use what is called comparative negligence, or comparative fault, to determine who is responsible for a dog bite and how much fault they have. With this, if a dog bite victim bears any fault for their injuries, such as provoking the dog or ignoring warning signs that the dog would bite (growling, barking, showing teeth, etc.), the compensation they would receive from the dog’s owner will be reduced by their percentage of fault.
Dangerous Dogs
RSMo §578.024 defines a dangerous dog as any dog that has previously bitten a person or domestic animal without provocation and the same dog bites another person. If a dog owner keeps a dog that has bitten without provocation and the dog bites again, or if a dog bites someone for the first time and causes severe injury or death of the victim, the dog will be seized immediately, impounded for ten business days after notifying the owner, and then destroyed. This does not apply if the dog bites someone who is committing or attempting to commit a crime when they are bitten, with the exception of trespassing with no criminal intent. In those circumstances, not only is the dog’s owner not guilty of having a dangerous dog, but the individual who was bitten will not be able to file a claim for compensation.
If a dog owner keeps a dog who has previously bitten without provocation and the dog bites again, it is a Class B misdemeanor. However, if the bite results in serious injury to the victim, it becomes a Class A misdemeanor. If the second attack results in serious injury and the previous attack also resulted in serious injury to the victim, the crime of keeping a dangerous dog becomes a Class E felony. If the dog bite results in the death of the victim, the dog’s owner can be charged with a Class D felony.
Statute of Limitations
RSMo §516.120 offers the statute of limitations for personal injuries, which is how dog bites are classified. The statute of limitations on dog bites is five years from the date of the incident. This means that bite victims have five years from the date they are bitten to file their claim and protect their legal rights.
If they do not file their claim within that period, their legal rights to recover compensation are no longer protected and they cannot file their claim. If the individual files their claim and a summons was issued before the statute of limitations expired, even if the summons is served after the expiration date, the case is considered filed within the statute of limitations. However, it is in an individual’s interests to file their claim sooner rather than later to ensure that all their legal rights are protected and there is no question about the validity of their claim based on the statute of limitation.
What To Do After Being Bitten By a Dog
When an individual is bitten by a dog, they have legal rights. However, if they do not handle the matter properly, they may unintentionally waive some of those rights or weaken the protections offered by those rights. This is why it is important to handle a dog bite correctly.
Leave the Scene
Whether the dog bite came from a strange dog the victim has never seen before or was from a dog that the victim has known for years, there should be no discussion of what happened between the victim and the dog’s owner. Like a car accident, this includes not admitting any fault or discussing details of what either party thinks happened. This can cloud each person’s perspective and make it more difficult to determine what really happened. Admitting fault can reduce a victim’s compensation.
If the victim does not know the dog owner, they should get the owner’s name and contact information. The victim should also get the names and contact information of any witnesses who saw the bite happen. Then, they should leave the scene to avoid saying or doing anything that may hurt their claim later.
Seek Medical Care
A dog bite is a personal injury case, just like a car accident or slip and fall. This means that dog bite victims should protect their legal rights by seeking out emergency medical care immediately. This can be particularly important with dog bites, as there are rare cases where the dog may have rabies. Even if the dog is otherwise healthy, seeking out emergency medical treatment allows medical professionals to detect and treat all of the victim’s injuries properly. This provides documentation of all the injuries, as well as their severity and the treatments used.
Contact the Rolla Police Department Animal Control
Animal Control is part of the Rolla Police Department. Dog bite victims should contact Animal Control to report the bite as soon as possible. This strengthens their case with proper documentation while also allowing the authorities to conduct an investigation into the dog and the dog’s owner to determine if the dog needs to be designated a dangerous dog, needs to be destroyed and tested for rabies, or if there are other issues that may need to be addressed. Additionally, this report can help future victims if the same dog bites someone else in the future. A record of previous dog bites can be used to show the dog is a dangerous dog, which may not only get the dog removed from the owner for everyone’s safety, but may also impact the owner’s financial obligations for liability.
Obtain a Copy of the Report
When filing the report with Animal Control, the victim should take note of the names and contact information for the officers taking the report. Victims should also ask that the officers provide them with a copy of the report once it has been officially filed. This report may help with their claim later, as it can provide some of the evidence needed to prove their claim and protect their legal rights.
Consider Hiring an Attorney
Dog bite victims are not required by Missouri state law to hire an attorney to represent them. However, an attorney can offer insights, investigate the bite, determine total damages, and negotiate with the insurance company on behalf of the bite victim. Attorneys can also demand full payment and handle other details related to the bite. By having an attorney who can handle the details of the case, victims may be able to focus more fully on their recovery, reducing their stress level and potentially allowing them to recover more quickly. A dog bite attorney with Steelman Gaunt Crowley may be able to assist you with your dog bite claim.
Dog Bite Damages That May Be Recovered
Like other personal injury claims, dog bite claims have certain damages that can be recovered. The first is medical bills, which includes the costs of treatments, surgeries, rehabilitation, and other services required to treat the physical and mental effects of the bite. Individuals can also receive compensation for disability accommodations, disfigurement and scarring, an inability to perform daily living tasks or enjoy life, lost wages and reduced future wages. Emotional distress, pain and suffering, and other out-of-pocket expenses incurred as a result of bite injuries can also be recovered.
Another of the victim’s legal rights is the right to recover any property damaged in the attack. This means that when the victim is bitten by the dog, they can also recover damages for possessions damaged by the bite. This may apply to the clothing the victim was wearing, any jewelry or watches they were wearing, and other personal property such as purses, wallets, or eyeglasses.
Factors That Affect Your Dog Bite Claim’s Value
There are several factors that can impact the value of an individual’s dog bite claim. The location of the incident, such as whether it was a public location or on the dog owner’s property, can make a difference, as can the insurance coverage that the dog owner has. The severity of the individual’s injuries and the seriousness of any subsequent medical treatments, mental and emotional effects of the bite on the victim, and any long-term or permanent effects of the bite will also impact the claim’s value. The economic impact of the bite, such as medical treatment costs and lost wages, will vary significantly depending on the severity of the injuries and the victim’s earning potential.
Two factors that can play a significant role in the claim’s value are the victim’s age and the events leading up to the bite. A much younger victim may mean a larger recovery for scarring as a child victim will have to live with scars for a longer time than adult victims. Additionally, children tend to have more difficulty recovering from dog bites than adults, and in cases of particularly vulnerable children, punitive damages may also be awarded. The events leading up to the bite matter because if the victim engaged in actions that provoked the dog bite, or ignored indications that the dog may bite, the victim may bear some fault for their injuries and thus, their recovery would be reduced by their percentage of fault.
How a Missouri Dog Bite Lawyer May Protect Your Legal Rights
Being bitten by a dog is a disturbing experience for anyone, whether or not they suffer from cynophobia. Dog owners have a responsibility to ensure that their dogs do not bite or attack others. When they fail to live up to this responsibility, the state of Missouri holds them accountable for this failure. As a victim, you have the right to recover damages as a result of someone else’s dog biting you, whether the dog’s owner is a family friend or a stranger passing by on the street. If you or someone you love has suffered a dog bite, a personal injury attorney at Steelman Gaunt Crowley may be able to assist you in protecting your legal rights. Call (573) 341-8336 to schedule a consultation and learn more about your legal options.
