Understanding Missouri’s dog bite laws is essential for both dog owners and those who’ve been harmed in a dog attack. These laws outline when a dog owner can be held responsible for injuries and what steps victims can take to seek compensation. Knowing your rights and responsibilities can make a big difference if an incident occurs, helping you handle the legal process.
Strict Liability in St. Louis, MO Dog Bite Cases
Missouri operates under a strict liability system for dog bite cases. This means dog owners are generally liable for injuries their dog causes, even if the animal has never bitten anyone before or shown aggressive behavior.
273.036. Owner liable, when — fine, amount. — 1. The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner’s or possessor’s knowledge of such viciousness.
Unlike negligence-based laws, where a victim must prove that the owner failed to act carefully or control their dog, strict liability does not require proof of carelessness or a previous history of aggression.
As a result, victims do not need to show the owner was negligent – only that they were bitten or catastrophically injured while lawfully on property. This standard tends to make the legal process easier and more straightforward for those who have been bitten.
Exceptions to Strict Liability in Missouri Dog Bite Cases
While Missouri’s strict liability law makes it easier for bite victims to prove liability, there are certain situations where the owner may not be responsible or more must be proven. Examples include:
Provocation
Provocation is a significant exception to Missouri’s strict liability rule. If the victim provoked the dog, the owner might not be liable for injuries. Examples of provocation include hitting, kicking, or teasing the dog, trying to aggressively take away its food or toys, or doing something that reasonably causes the dog to defend itself or its owner.
However, provocation isn’t always easy to define. Courts will look at all the circumstances to decide if the victim’s behavior truly caused the dog’s reaction.
Trespassers
Missouri courts tend to side against trespassers who are hurt by someone’s dog. If a person is bitten while unlawfully on private property, the dog owner generally isn’t liable under strict liability. However, there are exceptions.
If the dog was known to be especially dangerous and the owner failed to warn trespassers or take proper safety measures, the owner could still be found at fault in certain cases
Other Dog-Related Injuries
Strict liability in Missouri applies specifically to dog bites. However, if a dog causes harm by another action, general negligence laws may still apply. For instance, if a dog knocks someone over, causes a cyclist to crash by aggressively chasing them, or startles a person who then falls, those cases may fall under negligence.
If the owner acted carelessly, such as allowing the dog off-leash in a restricted area, and this led to injury, the injured person can still seek compensation, even though it wasn’t a bite.
If you have questions about Missouri’s dog bite laws or need help with a dog bite injury claim, contact our St. Louis dog bite injury lawyers at Meyerkord & Kurth today to schedule a free consultation.