The season for camping, celebrating, traveling, and enjoying the outdoors is in full swing. Believe it or not, this is when most dog attacks happen in the United States. This blog sheds light on Missouri's dog bite laws.
MYTH: Missouri has a “one bite“ rule. In Missouri, the "one bite" rule historically governed liability in dog bite cases. This rule implied that dog owners were not held accountable for their dog's first biting incident, as they were unaware of any previous aggressive tendencies. However, in recent years, Missouri has shifted towards a more strict liability standard, making it crucial for dog owners to be aware of their responsibilities and potential legal consequences.
Missouri Revised Statutes (RSMo) Section 273.036 outlines the legal framework for dog bite incidents in the state. According to this statute, a dog owner can be held liable for damages if their dog bites or causes injury to another person, provided that:
The person bitten or injured was lawfully on the property where the incident occurred.
The person did not provoke the dog or otherwise engage in unlawful behavior.
The injured person did not trespass on the dog owner's property.
Under Missouri law, dog owners are generally subject to strict liability when their dogs cause harm or injury to another person. This means that dog owners can be held responsible for the damages, regardless of whether they were aware of their dog's aggressive tendencies or not. Missouri follows the doctrine of pure comparative fault, which allows for the victim to recover damages in most cases even if they were partially at fault.
MYTH: If I start a claim they will have to put the dog down. A lot of people decide to do nothing after getting attacked because they don’t want the dog to be “put down.” Involuntary surrender of dogs has nothing to do with you making an insurance claim against the pet owner. Criminally, the pet owner may face sanctions depending on how your county enforces state and local laws. The taking and “putting down” of a dog is on the criminal side of the law. Completely separate from that is getting you the medical help and monetary recovery you are entitled to (as a matter of civil law). You are legally entitled to recover damages as the victim of an attack.
How do I start a claim in a dog bite case?
Similar to when you’re injured in an auto collision, you open a claim with an insurance company. The insurance that covers the dog is usually the dog owner’s homeowner’s policy or renter’s policy. If you were bit at an apartment complex or at a business, the business‘s commercial policy will be invoked.
It is important to understand how claims adjusters attempt to diminish your claim by offering $10,000-$20,000 in cases that are worth $50,000 to $100,000. If the dog broke your skin and you are experiencing anxiety (that will need to be treated) we do not recommend accepting that low initial offer. Anxiety treatments over the years can cost up to $50,000 alone. You only get one shot at this, so if you settle for $10,000 you forfeit your right to sue later.
How long do I have to bring the claim in Missouri?
You have five years from the date of the bite with some additional rules if the victim is a minor. If you were bit four years ago and have scarring, contact us. If you were bit three years ago and the thought of being around dogs mortifies you to this day, contact us. Apex Law has experience handing dog bite cases and knows how to maximize your claim. If you or a loved one were attacked by a dog contact us immediately.
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