Recovered Over $300 Million for Our 7,000+ Clients
Did a dog bite you while you were enjoying a day at Frontier Park or another local spot in St. Charles County or O’Fallon, Missouri? Dog bites can cause severe injuries that leave you with unexpected medical bills and force you to take time off from work. You could be entitled to compensation for these losses, but fighting with insurance companies for a fair settlement can be frustrating.
At Holland Injury Law, we understand the challenges dog bite victims face, and our personal injury lawyers are here to help. When you team up with us, our experienced attorneys will build a strong case, gather evidence, and negotiate with the insurance companies on your behalf. Call us at (314) 888-7888 for a free consultation to take the first step toward getting the compensation you deserve.
Many states base their dog bite laws on the so-called “one-bite rule.” Under this rule, dog owners are only responsible for bites their dogs inflict on others if they know or should know their dogs are dangerous. In other words, owners effectively get one “free” bite before they face legal consequences, assuming their dogs haven’t shown any previous signs of aggression.
Missouri, however, does not follow the one-bite rule. Instead, Missouri has a strict liability rule for dog bite cases. This means Missouri dog owners are nearly always responsible for their dog’s bites, even if their dogs have never bitten anyone before. Owners do not have to know about their dog’s aggressive tendencies, and victims do not need to prove that owners were careless. Victims must only show they were bitten while on public property or lawfully on private property and did not provoke the dog.
Dangerous Dogs and Enhanced Penalties
In Missouri, a dog is considered dangerous if it has bitten someone or another animal without provocation in the past. If a dangerous dog bites someone again, the owner can face heavier penalties. Depending on the severity of the attack, the penalties can include fines or even criminal charges. In cases where the attack leads to serious injury or death, the owner could face misdemeanor or felony charges, and the authorities could seize and destroy the dangerous dog.
Missouri’s strict liability law only applies to bite injuries, but dog owners can be liable for injuries even if their dogs don’t bite. These non-bite injury cases often involve claims based on negligence. In legal cases based on negligence, you must show that the responsible party had a duty to act carefully, failed to meet that duty, and caused your injury as a result. In dog-related injury cases, this often involves proving that the owner didn’t properly control their dog when they should have.
For example, let’s say an owner lets their dog run off-leash in a public park, and the dog knocks you over. In that case, the owner would likely be liable for any injuries resulting from your fall. Courts will consider the dog’s usual behavior and what the owner knew about it. If the owner knew that their dog had a habit of running at high speed when off-leash, they are more likely to be found negligent.
Missouri also recognizes a concept called negligence per se in dog injury cases. Negligence per se might apply if a dog owner breaks a law designed to protect public safety and someone gets hurt as a result. For example, if an owner violates a local leash law, and their dog causes an injury, the court could automatically find the owner negligent. The violation of the leash law proves the owner’s failure to act responsibly and provides sufficient evidence of negligence on its own.
Missouri dog owners can use several defenses to reduce or avoid liability in dog bite cases. One common defense involves claiming that the victim provoked the dog. If the owner can show that the victim teased, tormented, or hurt the dog, they could argue that the dog’s reaction was justified. Even accidental provocation, such as stepping on a dog’s tail, could provide the basis for an owner’s defense.
Another possible defense focuses on trespassing. Missouri’s strict liability law only applies if the victim was lawfully on the property when the dog bite or injury occurred. If the victim was trespassing, the dog owner might not be responsible. Except in limited circumstances, such as those involving children, state law does not protect people who enter private property without permission and then get hurt by a dog.
Dog bite injuries can range from minor wounds to severe, life-altering trauma. The specific injuries a victim suffers depend on factors like the size of the dog, the location of the bite, and how the incident occurred. Common examples of dog bite injuries include:
Missouri’s strict liability laws make it easier for dog bite victims to hold owners responsible, but that doesn’t mean the process is simple. Even though the law doesn’t require you to prove the owner was careless, dog owners and their insurance companies work hard to avoid paying full compensation. For instance, they might argue that you provoked the dog or otherwise share blame for the incident. A lawyer can gather evidence to counter these arguments and protect your right to fair compensation.
A lawyer can also deal with insurance companies offering low settlements that don’t cover all your injuries and related losses. They can negotiate forcefully on your behalf and fight for the compensation you deserve. Additionally, if your case involves non-bite injuries or a dangerous dog, your attorney can handle the more complex laws and defenses that apply. A Missouri dog bite lawyer can build a strong case on your behalf, meet relevant filing deadlines, and maximize your chances of a successful outcome.
If a dog bite in O’Fallon or St. Charles County has turned your life upside down, Holland Injury Law can help. We’ve recovered over $300 Million for our 7,000+ clients, and we’re ready to bring that experience to your case.
If you’d like to visit us for an in-person consultation, here’s our St. Louis office location address: 101 S Hanley, Suite 1025, Clayton, MO 63105.
Call us now for a free consultation to discover how we can help you get your life back on track.
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