Understanding Your Rights

Dog bites can cause serious physical injuries, emotional trauma, and financial burdens. If you or a loved one has been bitten by a dog in Missouri, you may be wondering if you have the right to sue for damages. The short answer is yes, Missouri law allows dog bite victims to pursue compensation. However, the process involves specific legal rules and requirements. In this blog, we’ll break down Missouri’s dog bite laws, your rights as a victim, and the steps you should take to seek justice.

Missouri’s Strict Liability Law for Dog Bites

Missouri follows a strict liability rule when it comes to dog bites. Under Missouri Revised Statutes § 273.036, a dog owner is legally responsible for injuries caused by their dog biting someone, regardless of whether the dog had a history of aggression or whether the owner was negligent.

Unlike some states that follow a “one-bite rule”—which requires proof that the owner knew or should have known the dog was dangerous—Missouri’s strict liability law means a victim does not have to prove the dog had a history of aggression. As long as:

• The victim was lawfully on public or private property when the bite occurred (not trespassing).
• The victim did not provoke the dog.

The dog owner is automatically liable for damages.

Damages You Can Recover in a Dog Bite Lawsuit

If you were bitten by a dog, you may be entitled to compensation for the following damages:

• Medical Expenses: Costs related to emergency care, surgeries, physical therapy, and future medical treatments.
• Lost Wages: Compensation for time missed at work due to the injury.
• Pain and Suffering: Physical pain and emotional distress caused by the incident.
• Scarring and Disfigurement: If the bite left permanent marks, victims may receive additional compensation.
• Property Damage: If personal items (such as clothing or eyeglasses) were damaged during the attack.

Exceptions to Missouri’s Dog Bite Law

Although Missouri’s strict liability law favors victims, there are certain exceptions where a dog owner may not be held liable:

1. Trespassing: If the victim was unlawfully on private property, they may not be eligible for compensation.
2. Provocation: If the victim provoked the dog (e.g., teasing, hitting, or antagonizing the animal), the owner may not be held responsible.
3. Law Enforcement Dogs: If a police or military dog bites someone while performing official duties, the owner may not be held liable.

Steps to Take After a Dog Bite 

If you or a loved one has been bitten by a dog, it’s important to take the following steps to protect your legal rights:

1. Seek Medical Attention: Even minor bites can lead to infections or serious complications. Immediate medical care is crucial.
2. Report the Incident: Contact local animal control or law enforcement to report the bite. This helps create an official record.
3. Gather Evidence: Take photos of your injuries, the scene of the incident, and the dog if possible. Obtain witness statements and collect contact information.
4. Identify the Dog Owner: Determine who owns the dog and request their contact and insurance information.
5. Avoid Speaking to Insurance Adjusters Alone: Insurance companies may try to minimize your claim. Consult a lawyer before accepting any settlements.
6. Contact a Dog Bite Attorney: An experienced personal injury attorney can help you navigate the legal process and fight for maximum compensation.

How Long Do You Have to File a Dog Bite Lawsuit in Missouri?

Missouri has a five-year statute of limitations for dog bite claims. This means you must file a lawsuit within five years from the date of the incident. If you fail to file within this timeframe, you may lose your right to seek compensation.

However, it’s always best to take action as soon as possible. Evidence can disappear, and witnesses’ memories fade over time. The sooner you consult an attorney, the stronger your case will be.

Why You Should Hire a St. Louis Dog Bite Lawyer

While Missouri’s strict liability law simplifies the legal process, dog bite cases can still be complex. It is always better to be as safe as possible, minimizing risk factors as much as you are able. A skilled St. Louis Dog Bite Lawyer can help by:

• Investigating the case and gathering strong evidence.
• Negotiating with insurance companies to maximize your settlement.
• Representing you in court if necessary.
• Ensuring you receive full and fair compensation for your injuries.

Conclusion

If you have been bitten by a dog in Missouri, you have the right to seek compensation under the state’s strict liability law. Victims can recover damages for medical expenses, lost wages, pain and suffering, and more. However, to ensure you receive the compensation you deserve, it’s crucial to follow the proper legal steps and consult an experienced dog bite lawyer.

If you or a loved one has been injured in a dog attack, don’t hesitate to seek legal help. A knowledgeable attorney can guide you through the process and fight for your rights. Contact a St. Louis dog bite lawyer today to discuss your case and start your journey toward justice.