Dog bite liability laws in Missouri generally hold the dog owner responsible for a victim’s damages. Whether or not the dog had a history of aggressiveness, a victim can pursue compensation from the dog owner following a bite. In many cases, a dog owner’s insurance company bears the financial responsibility for a victim’s damages.
Missouri law is written to protect victims of aggressive dogs. However, it generally takes effort to enforce the law—and to get the justice you deserve. Hire a dog bite attorney in St. Louis, Missouri to hold a negligent owner accountable for the harmful effects of the attack.
A Few Missouri Laws That Are Relevant to Dog Bite Victims
Dog bite accident victims don’t need to know the law inside and out. That’s what a lawyer is for. You should know the basics when it comes to liability for a dog bite, though, and those legal basics include:
The Dog Owner’s Liability When Their Animal Bites You
Missouri law is crystal clear in assigning liability to owners whose dogs bite others. The relevant statute states that the owner “is strictly liable for damages suffered by persons bitten.”
This means that:
- There is a substantial chance the owner of the dog that bit you is personally liable for medical costs, pain and suffering, and any other damages you’ve suffered because of the bite
- Even if the dog owner was not watching the dog at the time of the bite, they may still be liable for your damages
It’s important to note that this law applies “regardless of the former viciousness of the dog or the owner’s or possessor’s knowledge of such viciousness.” This means that an owner cannot claim ignorance of a dog’s aggressiveness as a defense to your case.
The Prohibition Against Keeping a Dangerous Dog
Dog owners are liable even if they have no indication that a dog is vicious. There are even steeper penalties for owners who know of a dog’s aggressive tendencies but keep that dog anyway.
Dog owners in Missouri can be charged with a misdemeanor offense if:
- An owner has a dog that has bitten someone without provocation
- The owner chooses to keep the dog
- The dog bites another victim
If the dog causes a victim’s death, this offense can even rise to the level of a felony. Your attorney will do research into the dog that bit you, determining if it has a history of aggressiveness. If it does, this fact will be relevant to your lawyer’s case strategy—and may even affect how much compensation you are entitled to.
Comparative Fault for Dog Bites
Those who are responsible for your dog bite may argue that you did something to provoke the dog. Your attorney will likely argue strongly against such claims.
Even if you are partly to blame for a dog bite, Missouri law states that you may still be entitled to compensation. This concept is called comparative negligence, and your attorney can explain how this statute applies (or does not apply) to your case.
Deadline for Filing a Lawsuit After a Dog Bite
Deadlines for filing dog bite cases are dictated by Missouri law. Though you may have a few years to file a personal injury lawsuit, you should know that:
- Countless people have missed this filing deadline despite having multiple years to file the case—forgetfulness, the chaos of life, and failure to build a case from the get-go can lead to missed deadlines.
- Even if you beat the filing deadline, your lawyer will need to immediately gather evidence and take other critical steps right away (otherwise, you may not have much of a case to file)—which is to say, don’t wait to hire your attorney just because the filing deadline is a ways off.
- It can take time to complete the insurance claims process, and this time may chew up the buffer between now and the filing deadline for a lawsuit.
These are just a few of Missouri’s most important laws for dog bite victims to be aware of. Many more may be relevant to your case. An experienced dog bite attorney will be familiar with these laws, and they will use that firm grasp of the law to your advantage.
The Role of Insurance in Missouri Dog Bite Cases
Dog bite attorneys are students of the law. They are also veterans regarding insurance rules and the claims process. This experience is important because the cost of a dog bite may be covered by:
Homeowners Insurance
About 90 million dogs live in homes within the United States, and those who own the homes generally have insurance to cover any bites their dogs commit.
As a dog bite victim, you should be aware that:
- Homeowners insurance may be a viable avenue to obtain the compensation you deserve
- Some homeowners may not have insurance coverage, as some owners lack insurance and some insurers refuse to insure certain breeds of dog
- Insurance coverage limits and insurers’ bad-faith tactics can be barriers to a fair insurance settlement
Your attorney will explain whether filing an insurance claim is viable for your case. If that’s the course you pursue, your lawyer will demand that the liable insurance company offer the settlement you are entitled to.
Renters Insurance
Missouri has millions of renters. These renters insure their property with renters insurance, which may also cover any bites perpetrated by their dog.
If the owner of the dog that bit you was a renter at the time, your attorney will determine whether a renters insurance claim is a strategy worth pursuing.
Note that while these insurance policies are typically associated with a residence, they can apply to bites outside a home—at a park, for example. A lawyer will know this, and they will also know every other step to take throughout your dog bite case.
Hiring a Lawyer Can Be the First Step Towards Your Financial Recovery
Getting care for bite-related wounds should be the most urgent priority after the attack, especially because bites are associated with severe infections. Finding a dog bite lawyer must also be important to you because:
- Dog bite victims often have psychological and emotional trauma that requires their undivided attention
- An attorney will secure evidence related to the dog bite as soon as possible—this is critical because negligent owners may dispose of this evidence right away
- Whether dealing with insurance companies or considering a lawsuit, you need to protect yourself from rights violations, lowball settlements, and other hazards that can cost you a fair financial recovery
- As you now know, there are complicated laws that govern dog bite cases, so having a lawyer to navigate those laws only makes sense
Everyone who is attacked by a dog deserves to heal, rest, and find some peace after a traumatic event. When you allow an attorney to handle your case, your recovery can be your primary concern.
Let Your Lawyer Lead Your Case. You Recover from the Pain and Trauma of the Dog Bite.
When you hire a lawyer, expect them to lay out their plan for your case. Because each lawyer has their style and vision for each client, it’s vital that you know what your lawyer’s strategy is.
A few of the duties that attorneys typically perform for dog bite victims are:
Reconstructing How and Why the Dog Bite Happened
The details of how you were bitten will be necessary to your attorney, so expect your legal team to:
- Record your account of the attack while it’s still fresh in your mind
- Speak with any witnesses to the dog bite
- Obtain any video footage of the attack
- Photograph any scenes related to your case (for example, a photograph of a rickety fence that a dog escaped out of can be relevant)
- Expert testimony about how the dog owner, or any other at-fault parties, caused you to be bitten
Lawyers use all the evidence available to them to prove who is at fault for dog bites. This evidence may show what failures led to you being bitten.
Establishing Fault (and Liability) for the Effects of the Dog Bite
The evidence your lawyer obtains will help them determine who is at fault for the bite. Due to Missouri law holding dog owners strictly liable for their animal’s harmful acts, it’s very likely that the dog owner is both at fault and liable for bite-related damages.
The dog owner’s insurance company may share financial liability for the harm you suffered.
Determining Your Case Value
Every dog bite accident lawyer answers a critical question: How much money does this victim deserve for their medical care, pain and suffering, and other bite-related damages?
The value of your case will include:
- The cost of any medical care you’ve already received
- The cost of any future medical care and rehabilitation
- The cost of any past or future mental health services
- All other financial and non-economic harm resulting from the bite, including damages you will face in the future
Some bite victims deal with an infection. Others have severe disfigurement. For many victims, the trauma of being bitten lasts longer than their physical wounds take to heal. There are countless factors for your lawyer to consider when establishing your case value—and that’s why you hire a lawyer to narrow down those considerations to a single financial figure.
Seeking a Settlement from Liable Parties
Most victims of negligence, from dog bites to car accidents, can secure compensation through a settlement. It’s critically important that you only accept a fair settlement, though.
Insurance companies and negligent dog owners may lowball you. Your dog bite lawyer will ensure you don’t accept—or even come close to accepting—a lowball offer. Instead, your attorney will present all relevant evidence and demand the settlement your damages entitle you to.
Leading Any Necessary Legal Action
Some clients hire a lawyer, assuming that a lawsuit will come next. Some dog bites do lead to lawsuits. If there is not a more efficient way to secure the compensation you deserve, your attorney will be ready to:
- Identify all parties who may be named as defendants in a lawsuit
- File the lawsuit on your behalf (and do so before any statute of limitations expires)
- Continue to seek a settlement so long as liable parties will negotiate in good faith
- Advance towards trial if negotiations don’t succeed, completing pre-trial processes on your behalf
- Fight for your financial recovery in court if your case makes it all the way to trial
To be clear, your lawyer’s sole goal will be to secure the compensation you deserve. The best dog bite lawyers don’t hesitate to fight in court if that’s the right strategy for their clients.
Damages Dog Bite Victims in Missouri Can Seek Compensation For (with a Lawyer Leading the Fight)
Being bitten by a dog can cause physical wounds, but punctures, scars, and other physical injuries are not where the victim’s damages end. The effects of your dog bite can also include:
Financial Losses
A dog bite can cause the victim:
- Medical bills
- Rehabilitation-related costs
- The cost of cosmetic surgery (which may be necessary to address scarring and other types of disfigurement)
- Lost income
- Diminished earning capacity
You may have other financial damages resulting from the dog attack. Your lawyer will account for all financial harm when valuing your case.
Pain and Suffering
For many people who a dog has bitten, the pain and suffering is the most debilitating, long-ranging type of damage. Pain and suffering can include:
- Physical pain
- The adverse effects of scarring and other disfigurement on your confidence and self-esteem
- Emotional anguish
- Anxiety, which can include a long-lasting fear of dogs
- Lost quality of life
Your lawyer will document each of your damages. Lawyers know how to detail your losses while respecting your privacy and need to recover. They will go directly to medical providers and anyone else who can shed light on your damages, which will allow you the space you need.
When Is the Best Time to Hire a Dog Bite Attorney in Missouri?
Now is the best time to start looking for your Missouri dog bite attorney. The vetting process may take some time, so don’t wait to get started.
Personal injury lawyers will talk with you at no cost, so start completing your free consultations as soon as possible.
