What You Should Know About Missouri’s Dog Bite Liability Laws

About the Author

EC Duckworth is the founding attorney of Duckworth Injury Law. EC earned his law degree from the University of Missouri - Columbia, where he graduated in the top 10 of his class and served as an Editor of the Missouri Law Review. EC currently serves as a member of the Missouri Association of Trial Attorneys (MATA) and is a graduate of the Ross T. Roberts Trial Academy. EC has represented hundreds of injury victims throughout his career resulting in tens of millions of dollars in compensation recovered.

Learn How to Navigate Dog Bite Claims in Missouri With a Personal Injury Attorney Like Duckworth Injury Law 

While dogs are often referred to as “man’s best friend”, the unfortunate reality is that dogs are still animals and are prone to unpredictable actions, including biting humans from time to time. According to the Centers for Disease Control and Prevention, dog bites account for the 8th leading cause of non-fatal injury for children under the age of 15. With regard to Missouri in particular, a 2010-2015 study showed that the rate of dog bite-related emergency room visits for a sample of Missouri communities was 101 visits per 100,000 residents. Boys aged 5 to 9 are at the highest risk for a dog bite-related injury resulting in an emergency room visit. With so many dog bites across the United States, including Missouri, every year resulting in thousands of injured bite victims, it’s important to understand your legal rights if you or a loved one is involved in a dog bite incident. 

In Missouri, the Owner or Possessor of a Dog Can Be Held Liable for the Harm Their Pet Causes to Another Under Theories of Strict Liability or Negligence 

Missouri’s strict liability dog bite law

“Strict liability” means that the owner or possessor of a dog is liable for the actions of his/her dog, even if the owner was not negligent in causing or did not intend to cause the harm. In other words, strict liability allows an injured victim to recover damages without having to prove fault. This makes recovery for dog bite victims far simpler, as they must only prove they were injured as a result of the bite. Missouri’s strict liability dog bite law is codified by RSMo. § 273.036. This statute states:

1. 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.  The provisions of this section shall not apply to dogs killing or maiming sheep or other domestic animals under section 273.020.
2. Any person who is held liable under the provisions of subsection 1 of this section shall pay a fine not exceeding one thousand dollars.  The remedies provided by this section are in addition to and cumulative with any other remedy provided by statute or common law.

While Missouri’s strict liability dog bite law is a powerful tool for plaintiffs pursuing a personal injury claim, it’s not without its limitations. As mentioned in the above statute, a dog must bite “without provocation”. If it’s determined that the plaintiff/injured victim provoked the dog (e.g., hit the dog, grabbed the dog, etc.), the plaintiff’s damages (e.g., medical bills, pain and suffering, etc.) will be reduced in proportion to the allocation of fault attributable to the plaintiff in provoking the dog.  The dog bite victim must also be on “public property, or lawfully on private property”. This means if you are bitten by a dog while trespassing on another’s property, this strict liability statute will likely not apply.

Missouri’s negligence liability dog bite law

In addition to Missouri’s strict liability dog bite law, dog owners and possessors can also be held liable for the harm their dog causes to another person under Missouri’s negligence law. To prevail on a dog bite claim based upon the theory of negligence, a plaintiff/injured victim must establish four elements: (1) duty, (2) breach of duty, (3) causation, and (4) damages. In the context of a dog bite incident, “duty” refers to showing that the dog owner was required to exercise a standard of care to avoid a foreseeable injury. “Breach of duty” requires showing the dog owner failed to adhere to such a standard of care. “Causation” requires showing that the plaintiff’s injury resulted from the dog bite. And finally, the element of “damages” requires showing that the plaintiff was, in fact, harmed as a result of the dog bite incident. While all these elements must be proven to prevail on a dog bite negligence claim, the crux of a dog bite negligence claim typically turns on the owner’s knowledge of the dog’s propensity to bite or be violent. As such, factors such as prior bites, prior aggression (e.g., growling or snarling), and what the owner did/did not do to prevent the dog bite are important to evaluate in a dog bite negligence claim. 

Oftentimes, both strict liability and negligence apply to a dog bite victim’s claim. While a plaintiff will not be able to recover duplicative damages under both theories of liability, Missouri law allows a plaintiff to plead both theories at the outset of their case. 

Other things to know about Missouri’s dog bite laws before filing a claim

Like most other personal injury claims, dog bite cases typically have a 5-year statute of limitations. This means you must either resolve your dog bite claim or file a lawsuit within five years of the dog bite incident. There are exceptions to this general statute of limitations, however, including when the dog bite victim is a minor or if the dog bite results in death to the victim. 

With regard to compensable damages in a Missouri dog bite claim, victims are permitted to recover for related medical bills, lost wages, scarring, disfigurement, pain and suffering, and emotional trauma, among other damages. 

However, perhaps the biggest obstacle in dog bite cases is determining where the money will come from to satisfy an injured victim’s damages. While the dog owner or possessor will ultimately be responsible for paying these damages, the dog owner or possessor must have the money or assets to do so. As such, determining whether there is applicable liability insurance coverage for the defendant dog owner is an important component of most dog bite cases. Homeowner’s insurance policies and renter’s insurance policies held by the dog owner are traditionally the most likely insurance to cover a defendant dog owner’s liability. 

Pursuing Compensation After a Vicious Dog Attack in Mid-MO? Consult Duckworth Injury Law Today

If you or a loved one has been victim to a dog bite attack in mid-Missouri, you need an experienced dog bite lawyer on your team. At Duckworth Injury Law, our attorney understands Missouri’s dog bite laws and has helped to recover hundreds of thousands of dollars for dog bite victims across Missouri. Whether your dog bite claim occurred in Columbia, Jefferson City, the Lake of the Ozarks, or another mid-Missouri community, our firm is here ready to fight for you. 

Protect yourself and your family following an injury-causing dog bite incident, and contact Duckworth Injury Law today for a free case evaluation and consultation.