Why are we discussing dog bites and Missouri law? Annually, August 26th is National Dog Day, drawing attention to the number of dogs that are rescued each year. Most dogs are wonderful, but some cause serious injuries. John Grogan once said that “There’s no such thing as a bad dog, just a bad owner.” Unfortunately for Mr. Grogan, Missouri law says the opposite.

Missouri is a “Strict Liability” State for Dog Bites

Missouri uses a strict liability for dog bites. Strict liability means that the dog’s owner is liable for injuries caused by a dog bite, even if the dog was not aggressive previously. This is different from the “one bite” rule, used in some other states, which requires the dog’s owner to have known the dog would likely bite in order to be held liable. Missouri’s strict liability rule only applies to injuries caused by dog bites. Other injuries, for example, caused by a jumping dog, require the injured person to bring a standard negligence case.

Section 273.036 RSMo., provides:

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. Owners and possessors of the dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs. If it is determined that the party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage that the damaged party’s fault contributed to the incident. The provisions of this section shall not apply to dogs killing or maiming sheep or other domestic animals under section 273.020.

Dog Bites – Are there Defenses to a Claim?

Given the strict liability standard in dog bite cases, one must wonder if there are any defenses for the dog’s owner. Missouri has three commonly-used defenses in dog bite claims: provocation, trespassing, and comparative negligence.

Section 273.036 RSMo., specifically provides that provocation is a defense. The statute further provides that trespassing is a defense. Finally, comparative negligence, may be a defense to reduce the amount of the damages due the injured person.

Statute of Limitations for Dog Bites

Missouri law sets a deadline for filing any personal injury case in a state court, including dog bites. The statute of limitations is five years. This five-year deadline usually starts running on the date of the dog bite. If you file after the five-year deadline has expired, a Missouri court will almost certainly refuse to hear your case.

What Damages are Recoverable in Dog Bite Cases?

Dog bite victims may be eligible to receive compensation for medical treatment, including plastic surgery to address scarring. Other possible damages include: lost wages, pain and suffering, and property damages (broken glasses or other such property).

Dog bites are painful and can cause permanent scarring. You should avoid contact with chained dogs or aggressive dogs. However, if you are bit, contact a personal injury attorney at Kennedy, Kennedy, Robbins & Yarbro, LC. Our phone number is (573)686-2459. We are here for you when you need us.