If your dog bites someone on your property in Missouri, you may be held legally responsible for their injuries. Missouri is a strict liability state for dog bite injuries, meaning the victim does not need to prove that you knew your dog was dangerous. 

Understanding your potential liability helps you respond appropriately after an incident.

Missouri’s Strict Liability Dog Bite Law

Missouri changed how dog bite claims work in 2009 when the state replaced the “one bite rule” with strict liability. Before the change, a dog owner was only responsible if their dog had bitten someone before or if they knew the dog was dangerous. Missouri Revised Statutes §273.036 replaced this old rule with a strict liability law that makes things simpler and fairer for victims.

Strict liability means that if your dog bites someone, you are automatically responsible for their injuries. It does not matter whether your dog has never shown aggressive behavior before, or even if you have no reason to think your dog would bite anyone. The law applies to all dog owners in Missouri, regardless of the dog’s breed, size, or history.

However, the law does require that the person be on public property or lawfully on private property when bitten. Furthermore, the dog bite must have occurred without provocation.

When the Law Applies To Bites on Your Property

Strict liability for dog bites only protects people who are lawfully on your property when the bite occurs, such as:

  • Invited guests like friends, family members, or party attendees
  • Mail carriers and package delivery workers
  • Utility company employees reading meters or making repairs
  • Contractors or repair workers you’ve hired
  • Anyone else with permission to be on your property

Trespassers generally have weaker legal claims because they were not lawfully on your property.

Missouri law recognizes an important exception for children as trespassers. Even if a child enters your property without permission, they may still be considered lawful visitors in some situations.

For example, something on your property attracted them there. Furthermore, courts consider that young children may not fully understand property boundaries or “No Trespassing” signs.

The Provocation Defense

Dogs may bite for many reasons, including being provoked. Examples of actions that could be considered as provocation in a dog bite claim include:

  • Hitting, kicking, or physically harming the dog
  • Pulling the dog’s tail or ears
  • Cornering or threatening the dog
  • Taking the dog’s food or toys while it’s eating or playing
  • Teasing or taunting the dog repeatedly

A dog owner may raise the provocation defense in a dog bite injury claim. The owner alleges that the victim did something that would naturally cause the dog to defend itself or attack. This allegation is an affirmative defense. The dog owner has the burden of proving that the victim’s actions provoked the dog into biting them.

Comparative Negligence and Reduced Damages

Missouri follows a pure comparative negligence rule in dog bite injury cases. If the bite victim shares some responsibility for what happened, their compensation for damages can be reduced based on their percentage of fault.

For example, the victim ignores a “Beware of Dog” sign on the fence and enters. A court might decide they were 30% responsible for getting bitten. Therefore, that percentage can reduce their economic and non-economic damages.

Examples of victim conduct that could reduce a victim’s dog bite settlement include:

  • Ignoring clearly posted warning signs about a dog on the property
  • Entering a fenced area where a dog is obviously kept
  • Reaching through a fence to pet a dog without permission
  • Continuing to interact with a dog after it shows signs of fear or aggression

Insurance companies often blame the victims. They use contributory fault to avoid paying damages. Prompt legal advice from a St. Louis dog bite lawyer can be critical for winning a case.

Homeowner Insurance and Dog Bite Claims

Many homeowners’ insurance policies cover dog-bite liability, which is fortunate because these claims can be expensive. According to the Insurance Information Institute, insurance companies paid $1.12 billion in dog bite injury claims in 2023. The average cost per claim was $58,545.

Things you should know about insurance coverage for dog bites include:

  • Most policies cover dog bites up to your liability limit. If damages exceed this amount, you may be personally responsible for the difference.
  • Some insurance companies exclude certain dog breeds they consider high-risk. Check your policy carefully to ensure your dog is covered.
  • After a bite incident, report it to your insurance company immediately. They will investigate the claim and may cover medical expenses, legal fees, and settlement costs.

Even though you have insurance coverage, it is wise to speak with an attorney to learn about your potential personal and/or criminal liability for a dog bite on your property.

Statute of Limitations for Dog Bite Claims

In Missouri, dog bite victims generally have five years from the injury date to pursue a personal injury claim. This deadline is generally longer than in other states to sue for a dog bite.

However, waiting to seek legal advice could hurt your case. Exceptions to the statute of limitations could apply in your case. Furthermore, evidence, including witness accounts, could be destroyed or lost. Prompt legal advice protects your interests.

Contact Schultz & Myers Personal Injury Lawyers for a Free Consultation With a St. Louis Personal Injury Lawyer

Understanding Missouri’s dog bite laws helps you protect your legal rights and encourages responsible pet ownership. If your dog bites someone or you are bitten, contact your insurance company immediately and consider speaking with a legal professional about your specific situation.

Call Schultz & Myers Personal Injury Lawyers to schedule a free consultation with an experienced St. Louis dog bite injury lawyer.

Dog bite accidents can change your life in an instant. If you’ve been hurt by a dog bite, call Schultz & Myers Personal Injury Lawyers now to schedule a free consultation with a St. Louis dog bite attorney. We’ll review your case for free and help you take the next steps toward justice and recovery.

Contact the attorneys at Schultz & Myers Personal Injury Lawyers at the nearest location to schedule a free consultation, we proudly serve all throughout Missouri, including  St. Louis County and Boone County and we have offices in St. LouisLadue, Columbia, Creve Coeur.

Schultz & Myers Personal Injury Lawyers – St. Louis Office
319 N 4th Street, Suite 835, St. Louis, MO 63102
(314) 444-4444

Ride there with Uber

Schultz & Myers Personal Injury Lawyers – Columbia Office
28 N 8th St # 502, Columbia, MO 65201
(573) 702-3285

Ride there with Uber

Schultz & Myers Personal Injury Lawyers – Ladue Office
9807 S 40 Dr, St. Louis, MO 63124
(314) 912-3302

Schultz & Myers Personal Injury Lawyers – Creve Coeur Office
999 Executive Pkwy Dr #205, Creve Coeur, MO 63141
(314) 350-4021