Dog Bite Cases
Dog bite or dog attack cases can arise either on private or public property. In both instances, local ordinances and state regulations, require that the owner of of the dog maintain control of the animal at all times.
Some of the most serious injuries occur when a dog attacks a person. The attacks can result in nerve damage, permanent disfigurement, or even death. Even an injury that appears minor at first may result in more-serious long-term injuries.
Strict Liability
Winning a typical personal injury case requires proving that someone else breached a duty of care. Strict liability, when applicable, means that the injured party only needs to show that the other person violated a statute. In Missouri, RSMo. 273.036, provides that the owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private private property, is strictly liable for damages suffered by the person bitten.
Does the plaintiff need to prove that the dog had a vicious propensity?
No. One common misperception about dog bite cases is that "every dog gets two bites." In other words, prior to the enactment of RSMo. 273.036, an owner would only have been liable after he or she knew that the dog had the propensity to bite people, and knew that the dog had already bitten at least one other person. Now, that is no longer a requirement. RSMo. 273.036 provides that the owner or possessor is liable "regardless of the former viciousness of the dog."
Insurance
Most homeowners insurance policies and renters policies cover injuries caused by the insured's animal. This is true even if the dog attack occurs away from the property, in a park, public setting, or someone else's residence.
More Information
If you have a question relating to a possible or pending dog attack case, please send a direct message or call our office at (314) 725-4400. For more information on some of our recent cases, please visit our news page. We also have an FAQ relating to personal injury, class action, and other issues.