A dog bite can be a deeply traumatic experience, leading to serious physical injuries, emotional distress, and significant financial burdens from medical bills. While some may view a dog bite as a simple accident, the legal complexities in Missouri prove otherwise. Knowing your rights is the first step toward getting the justice and compensation you deserve.
At Sticklen & Sticklen, we believe that dog owners must be held responsible for the actions of their pets. We have seen firsthand how a seemingly minor incident can turn into a life-altering event. This is why it’s crucial to understand Missouri’s specific dog bite laws and how they may apply to your case.
Missouri’s Strict Liability Standard
Unlike some states that operate under a “one-bite rule,” Missouri law places strict liability on a dog owner. This is a critical distinction that works in your favor as the victim. The “one-bite rule” meant that an owner might not be held responsible unless you could prove their dog had bitten someone before or that they knew of its aggressive tendencies.
Under Missouri Revised Statutes, Section 273.036, the old rule is gone. Now, an owner is held strictly liable for any damages caused by their dog if the bite was unprovoked and the victim was lawfully on the property, whether public or private. This means you do not have to prove the owner was negligent or that the dog had a prior history of aggression. The simple fact that the bite occurred is often enough to establish liability.
Key Elements of a Dog Bite Case in Missouri
To hold a dog owner accountable, a few conditions must be met. The bite must have occurred without provocation from the victim, and the injured person must have been legally on the property. This includes public places like sidewalks and parks, as well as being an invited guest on a private residence.
However, dog owners may still attempt to argue that the victim provoked the dog or was trespassing. These defenses can be challenging to counter without skilled legal representation. An experienced personal injury attorney can investigate the circumstances of the attack, gather evidence, and build a strong case to refute these claims.
The Importance of Acting Quickly
After a dog attack, your focus should be on your physical and emotional recovery. Seek medical attention immediately, as even a small puncture wound can lead to serious infection. Document everything, from your injuries to medical bills and any lost time from work.
It’s also important to be aware of the statute of limitations. In Missouri, you generally have up to five years from the date of the injury to file a personal injury lawsuit. While this may seem like a long time, crucial evidence can be lost and memories can fade. The sooner you speak with a legal professional, the better your chances are of a successful outcome.
Why You Need a Law Firm on Your Side
Navigating a personal injury claim can be complicated. Insurance companies are often quick to offer a low settlement that does not fully cover your damages. At Sticklen & Sticklen, we fight for our clients in Central and Southwest Missouri to ensure they receive full compensation for all their losses, including past and future medical expenses, lost wages, and pain and suffering.
If you have been injured in a dog attack, do not hesitate to reach out to our team. We are dedicated to providing the personal, professional legal counsel you need to get the results you deserve.