If you suffered a dog bite injury in Southern Missouri, you may be able to recover compensation through a personal injury lawsuit against the dog’s owner. Missouri law provides you with multiple potential avenues for pursuing the compensation you deserve. However, liable dog owners and their insurers can make it difficult to get the money you need, which is why you should consider getting legal help right away.
Contact Privette Law Office today for a free consultation with one of our experienced dog bite injury lawyers. We’ll review your case, explain your legal options, and help you seek the compensation you need to cover your medical bills, lost wages, and other losses.
Common Injuries Caused by Dog Bites
Depending on the size and breed of the dog that bites you, you could suffer from various injuries that require medical treatment. Some of the most common injuries suffered by dog bite victims include:
- Lacerations – The dog’s sharp teeth can cut through your skin, muscles, and other soft tissue. These lacerations often require stitches and may even result in scarring.
- Broken Bones – Some dogs have powerful jaws that can break bones, especially in children or older adults. Broken bones typically have lengthy recovery periods and may require surgery and physical therapy.
- Infections – One of the long-term dangers of a dog bite is infection. While rabies usually isn’t a major concern from dog bites in the U.S., bacteria in the dog’s mouth can still cause infection that may require medical treatment.
- Emotional Trauma – Dog attacks can be traumatic experiences, especially for young children. If you developed post-traumatic stress disorder after a dog bite, you may be able to recover compensation for your therapy.
No One-Bite Rule for Dogs in Missouri
Some states have what are known as “one-bite” rules, which means that a dog’s owner typically isn’t liable for injuries caused by their dog unless they knew the dog was dangerous. Usually, the threshold for determining if a dog is dangerous is if it bit someone previously (the proverbial “one bite”).
However, Missouri doesn’t have a one-bit rule. Dog owners can be strictly liable for injuries their pets cause the first time a dog bites someone. This can make it easier for victims to recover compensation because they don’t need to prove that the owner knew or should have known their dog was dangerous.
Non-Bite Dog Injuries
The text of the above law makes clear that it applies only to dog bites. An injured party might not be able to hold a dog owner strictly liable if the dog injures them in a way other than by biting them. In such cases, the victim might need to establish liability under a different legal theory—such as through negligence in negligence per se.
Negligence means carelessness, which can be established by showing the dog owner:
- Owed the victim a duty of care
- Breached that duty in some way
- Directly and proximately caused the victim’s injuries
However, in cases where a dog’s owner has violated a law meant to prevent their dog from injuring someone, their negligence can be established per se, meaning “by the act itself.” All a victim would need to prove in that case is that the dog’s owner violated the law and they were injured as a result, which makes it an easier standard to meet than plain negligence.
One of the main instances of negligence per se in dog bite cases has to do with leash laws. If a dog’s owner lets it run around in public off-leash in violation of a local law requiring it, the owner could be liable if the animal knocks you over and injures you.
Trespassing and Dog Bites
Missouri’s dog bite law holds a dog’s owner liable when it bites “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.” As such, it does not cover trespassers, with a potential exemption in cases in which the trespasser is a young child, as they are not expected to know better.
What to Do if a Dog Bites You in Missouri
If a dog bites you in Missouri, you should take the following steps to improve your well-being and strengthen your legal case:
- Seek Medical Treatment – Always seek immediate and follow-up medical treatment. Doing so will benefit your recovery and show the insurance company that you took your injuries seriously.
- Keep Medical Bills – Keep every medical bill you receive related to the dog bite injury. Your lawyer will use these bills to calculate your medical expenses.
- Report the Incident – Report the dog bite incident to local police or animal control. Usually, they will quarantine the dog for a period of time and run tests on it to make sure it doesn’t have any dangerous diseases.
- Document Your Injuries – Take photographs of your visible injuries before and throughout your treatment.
- Contact a Dog Bite Lawyer – Hiring an experienced dog bite lawyer is one of the best ways to increase your chances of receiving the compensation you need.
When a Victim Is Partially at Fault
Missouri’s dog bite law further states, “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.” So, for example, if you are 20 percent at fault for the incident that caused your injuries, you could only recover 80 percent of the compensation you sought. For this reason, it’s important to work with an experienced attorney who can help reduce your percentage of fault and maximize your recovery.
Deadline for Filing a Dog Bite Lawsuit in Missouri
Under Missouri’s statute of limitations for personal injuries, dog bite victims have five years to file a lawsuit against the dog’s owner. If you fail to file your lawsuit within this period, the courts may prevent you from seeking recovery. An experienced attorney can help you file your lawsuit correctly and within the deadline.
Contact a Dog Bite Lawyer Serving Southern Missouri
If a dog bit you in Southern Missouri, contact Privette Law Office for a free consultation with a personal injury lawyer. We’ll review your case, give you a rough estimate of the value, and help you understand the laws that could impact your lawsuit.