You are out for a walk in the park or go to visit a friend who has a dog when suddenly, you find yourself on the receiving end of a bite. An incident like this can leave you with physical injuries, emotional distress and mounting medical bills.
Fortunately, Missouri law is designed to hold dog owners accountable while giving injured individuals a path to seek compensation for their losses. Following the required legal steps is essential to protecting yourself and strengthening your case.
Missouri’s dog bite liability laws
In Missouri, a pet owner is liable for damages if their dog bites someone without provocation, regardless of whether the animal has a history of aggression. This statute applies as long as you were lawfully on the property (public or private) at the time of the incident. Because the state also does not follow the one-bite rule, you do not need to prove the owner knew the dog was dangerous in your claim.
How partial fault can impact your case
The pure comparative fault rule in Missouri significantly affects how courts handle dog bite cases. If you provoke the dog in any way before the bite occurs, the owner may face reduced liability or, in some cases, no liability at all. The specific facts of the incident determine whether your actions count as provocation.
If you are partly responsible for your injury, the court will reduce any compensation you receive by your percentage of fault. You can still pursue a claim even if your actions contributed in some way to the incident, but you may not recover your full damages.
Crucial steps to remember
Taking prompt action after a dog bite can make a major difference in both your health and any potential legal claim. Immediately documenting everything related to the dog bite can preserve any evidence that connects the incident to your injuries, including:
- Photos: Clear pictures of your injuries, the dog and the location of the attack.
- Contact information: Complete names and addresses of the dog owner and any witnesses.
- Medical records: Detailed file of all treatments, prescriptions and follow-up visits with your doctor.
You may also want to report the bite to the police and animal control as soon as possible. This creates a paper trail of the incident that can serve as additional evidence in your claim. An official report can also help authorities determine if they need to check the dog for rabies, which is critical for your safety and recovery.
Ensuring your injuries are taken seriously
Pursuing a dog bite claim in Missouri requires a careful balance of understanding strict liability and the nuances of comparative fault. Working closely with a lawyer can help you receive the justice and financial support you need to move forward.