A dog bite may take only a moment, but the events leading up to it can become important in a Missouri injury case. State law generally allows people who are bitten while lawfully on public or private property to seek damages from the dog’s owner or possessor when the person did not provoke the animal.
Because of this rule, the actions that happened before the bite may receive close attention. If the evidence shows that your conduct played a role in the incident, it could affect the amount of compensation you may receive. Knowing what Missouri law considers provocation can help put the circumstances of a dog bite into context.
What may count as provocation?
Missouri law does not provide a specific list of actions that always count as provoking a dog. Instead, the circumstances surrounding the bite matter. Conduct directed toward a dog before an attack may become important when deciding whether the person contributed to what happened.
Examples may include:
- Hitting or kicking a dog
- Teasing or intentionally frightening the dog
- Pulling its tail or ears
- Trying to take food or an object from the dog
- Threatening or otherwise intentionally provoking the animal
However, not every action involving a dog automatically amounts to provocation. For example, touching a dog, walking near it or trying to protect yourself from an attacking dog does not necessarily mean you caused the bite. The facts and timing of the incident can matter.
How can provocation affect your case?
Missouri’s dog bite law also addresses fault. If your actions helped cause the bite, the court may reduce your compensation by the percentage of fault assigned to you.
For that reason, evidence showing what happened immediately before the bite can be important. Witness statements, photographs, video footage and medical records may help establish the sequence of events.
Legal assistance can also help you assess how Missouri’s provocation and fault rules may apply to the specific facts of your case.
The moments before the bite matter
A dog-related attack case may turn on more than the injury itself. Looking closely at what happened before the bite can help clarify whether provocation played a role and how Missouri’s liability rules may apply.