Dogs have the potential to be extremely dangerous when the proper safety precautions are not taken by the owners and other parties. Many states have strict liability laws for dogs, including Missouri. Under state law, a dog owner can be held liable if their animal bites an innocent person, even if that dog never displayed any prior aggression. Our Kansas City personal injury lawyer can help if you were the victim of a dog bite in Missouri.
Is Missouri a Strict Liability State for Dog Owners?
Yes. Missouri is a strict liability state for dog bites. Under Missouri Revised Statutes § 273.036, an owner or possessor of a dog is legally responsible when the animal bites a person without provocation while that person is on public property or lawfully present on private property. The statute expressly provides that liability applies regardless of whether the dog had previously acted viciously or whether the owner knew that the animal presented a danger. Unlike the traditional “one-bite rule,” the injured victim does not need to prove that the dog previously bit someone, growled at visitors, or otherwise demonstrated dangerous propensities.
An Injured Victim Must Establish the Statutory Elements to Bring a Successful Claim
Strict liability is not automatic liability. Compensation in Missouri is not guaranteed after every dog-related injury. To recover under § 273.036, the injured victim must establish that the defendant owned or possessed the dog, the dog caused the injury through a bite, the bite occurred without provocation, and the victim was either on public property or lawfully on private property. Lawful private-property entrants may include invited social guests, customers, contractors, delivery workers, and others whose presence is authorized by law.
Dog Bite Victims Should Be Prepared for Certain Defenses
Provocation is a statutory limitation on strict liability. A dog owner or insurer may argue that the victim hit, threatened, cornered, or intentionally agitated the animal before the bite. The specific circumstances matter, particularly when the victim is a young child who may not have understood the consequences of interacting with the dog. Missouri’s statute also incorporates comparative fault. When an injured victim bears some responsibility for the incident, the recoverable damages are reduced by the same percentage of fault attributed to that person. The
Strict Liability Does Not Eliminate Other Potential Claims
Section 273.036 states that its remedies are cumulative with other statutory and common-law remedies. Depending on the facts, an injured victim may also pursue negligence, premises liability, or common-law animal liability theories. Missouri courts recognize negligence claims when an owner, possessor, or harborer fails to use reasonable care in controlling an animal. Why does that matter? The big reason is that a dog bite victim may have additional options to recover financial compensation in certain cases.
Contact Our Kansas City Dog Bite Injury Lawyer Today
At House Law LLC, our Kansas City personal injury attorney has the skills and experience to handle the full range of dog bite injury cases. If you have any questions about Missouri’s strict liability laws for dog bites, we can help. Contact us today for a free case review. With an office in Kansas City, we handle dog bite injury claims throughout Missouri.
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