Recovered Over $300 Million for Our 7,000+ Clients
Dog bites can cause severe wounds, emotional distress, and unexpected expenses. Missouri law gives you the right to seek compensation if a dog owner’s negligence or failure to control their pet contributed to your injuries. However, getting the full compensation you deserve is challenging, especially when you’re already struggling to recover from a painful ordeal.
The attorneys at Holland Injury Law have extensive experience handling dog bite cases in St. Joseph and Buchanan County. We can help you explore your legal options, assess the full value of your claim, and represent you as you seek justice. Contact our dog bite lawyers today for a free initial consultation to learn how our team can support you in seeking the compensation you deserve.
Missouri law holds dog owners strictly responsible for bite injuries their dogs inflict on others. This means you do not need proof that the dog previously exhibited dangerous behavior to prove your dog bite claim.
The dog bit you.
The bite occurred while you were on public property or lawfully on private property.
You did nothing to provoke the dog.
This strict liability approach differs from the “one-bite” rule that applies in many other states. The one-bite rule requires victims to prove that the dog owner knew or should have known about the dog’s dangerous tendencies to hold them liable.
Missouri’s strict liability law simplifies the process for victims seeking compensation. However, dog owners can argue certain defenses, such as trespass or provocation, to avoid liability. If actions like ignoring warnings or engaging in risky behavior contribute to a victim’s injury, the courts may reduce compensation based on the victim’s percentage of fault.
Missouri’s strict liability statute applies only to bite injuries and property damage, but not all dog attack injuries come from bites. Still, Missouri law allows victims to seek compensation for non-bite injuries caused by dogs through two main legal theories: negligence and strict liability.
For example, a Missouri dog owner can face liability for negligence if they fail to control their dog, and that failure results in someone else getting hurt. To prove negligence, the victim must show that the owner had a duty to act responsibly, failed to meet that duty, and their failure resulted in the victim’s injury. This type of negligence could happen if an owner fails to secure a backyard fence, and their dog runs loose and trips someone.
Missouri also applies the rule of “negligence per se” in cases where a dog owner violates a law designed to protect public safety, such as a local leash ordinance. If a dog injures someone because its owner ignores this type of law, the violation could serve as proof of negligence per se.
Additionally, owners of dogs with abnormally dangerous tendencies can face strict liability for non-bite injuries. For instance, let’s say an owner knows their dog poses an unusual risk to others because of its tendency to attack without provocation. In that case, the owner can be held strictly liable if someone else gets hurt because of the owner’s failure to secure the dog properly.
Certain defense strategies allow dog owners to reduce or eliminate their liability by arguing that the victim’s actions or circumstances contributed to the incident.
Trespass: Dog owners might argue that the victim was unlawfully on their property when the incident occurred. Missouri’s strict liability law does not protect trespassers, and courts generally assume that trespassers accept the risks of entering a property without consent.
Provocation: Dog owners can claim that the victim got hurt because they provoked the dog. Provocation can include actions like teasing, taunting, or harming a dog.
Self-Defense or Defense of Others: An owner might claim their dog acted to protect them or another person from a genuine threat. For instance, this defense could apply if the dog bit someone attempting to assault the owner.
Criminal Activity: If the victim was engaging in criminal activity, such as burglary or vandalism, at the time of the incident, the dog owner could avoid liability.
Missouri uses a pure comparative fault system to evaluate dog bite cases where both the victim and the dog owner share liability for the incident. Under this rule, victims can still recover compensation even if they are as much as 99 percent responsible for their own injuries. However, the amount of compensation available decreases based on the victim’s percentage of fault in the accident.
For example, if a court finds that you provoked the dog before it bit you, the court might determine you are partially responsible for your injuries. If the court found you 25 percent at fault in this example, your total compensation would decrease by 25 percent. An attorney can protect your rights and maximize your compensation if another party tries to pin the blame on you for your dog bite injuries.
If you suffer a dog bite injury in Missouri, you should take immediate steps to protect your health and strengthen your potential legal case. Here’s what you can do:
Seek medical attention as soon as possible, even if the injury seems minor.
Take photos of your injuries, the scene of the bite, and the dog if it’s safe to do so.
Report the dog bite to your local animal control or police department to create an official record.
Identify any witnesses to the incident and get their names and contact information.
Collect contact details from the dog’s owner, including their name, address, and phone number.
Ask for proof of the dog’s vaccination history, especially for rabies.
Keep a record of all medical treatments, including doctor visits, medications, and bills.
Write down a detailed account of what happened while the details are fresh in your memory.
Avoid speaking with the dog owner’s insurance company without legal guidance.
Contact a qualified dog bite injury lawyer to discuss your legal options.
If you or someone you care about has been injured by a dog bite in St. Joseph or Buchanan County, the attorneys at Holland Injury Law are here to help. Start your road to recovery today with a free initial consultation by calling our team at (314) 888-7888 or completing our online contact form. A dog bite lawyer serving St. Joseph will review your case at no cost or obligation.
LOOKING FOR A TRUSTED TEAM
TO REPRESENT YOUR CASE?
