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What do I do if I got attacked by a dog?

 

1. Seek medical attention!  Not seeking medical intervention when attacked by a dog (or any animal) is very dangerous. 

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2. Call the Police. Sometimes this is easier said than done because the owner of the dog may be a close friend or relative. It is important to document the dog bite so it becomes known that a particular dog has dangerous tendencies, and to officially document the event by an official party.

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3. Collect records. Get the name and address of the dog owner, their homeowner’s or renter’s insurance carrier information, your medical records, pictures of the wound, pictures of the dog and location the incident occurred, as well as the names and contact information of any witnesses.

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4. Watch What You Say. Insurance adjusters, “the other side,” witnesses, and other people are watching and listening. Missteps could harm your case. Additionally, social media is a treasure trove for finding information adverse to your case. If you claim that you can barely walk, yet you post pictures of your half-marathon finish two weeks after the incident, it will call into question the validity of your claim.

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5. Carefully Consider Offers to Settle. Though it may be possible, I have never seen an initial (or secondary) offer anywhere close to a case’s true value.

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6. Call us. Our consultations are free: (314) 301-9503

Dog Bite Law

STATE LAW

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Under MO Rev Stat § 273.036, “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 dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs.  If it is determined that the damaged 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.”

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English Please!

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1. If you are bit by a dog there is no excuse unless you provoked the attack or were trespassing.

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2. If a dog damages your property, the owner is on the hook to fix it.

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3. If you were partially at fault, the amount you get will be reduced by the percentage of fault a jury assigns you.

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LOCAL LAW

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Each municipality in Missouri has its own dog bite rules. Violating these local rules can make a dog owner “negligent per se,” meaning that they broke a rule which was designed to protect people like you. 

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In St. Louis, Section 10.04.140, says that “no person shall own, keep, or harbor any dog or other animal that is not securely confined, which by attempting to bite, jump upon, charge toward or otherwise threaten any other person shall cause such other person to have a reasonable fear of immediate serious physical injury.”

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Section 10.04.220, describes leashing and physical control of dogs. The section states that dogs must be kept on a lease not longer than six feet, and then lists exceptions for when dog owners are permitted to unleash their dog.

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This means that if you were attacked by a dog, or almost attacked by a dog and suffered an injury because of the event you will likely recover under a negligence and a negligence per se theory. 

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