How to Determine Liability in a Missouri Dog Bite Case

author by James M. Hoffmann on Aug. 26, 2024

Accident & Injury Animal Bite Accident & Injury Accident & Injury  Personal Injury 

Summary: Learn how to determine liability in Missouri dog bite cases. Understand state laws, owner responsibilities, exceptions, and steps to take after an incident.

Dog bites can be traumatic experiences, often resulting in serious injuries and legal complications. If you've been bitten by a dog in Missouri, understanding how liability is determined is crucial for seeking compensation.

 

1. Understand Missouri's Dog Bite Laws

Missouri follows a "strict liability" rule for dog bites. This means that the dog owner is generally liable for injuries caused by their dog, regardless of the dog's previous behavior or the owner's knowledge of such behavior. To learn more about specific Missouri dog bite laws, visit our comprehensive guide.

 

2. Establish Owner Liability

To establish owner liability in a dog bite case, you generally need to prove:

  • The defendant owned the dog
  • The dog bit the victim
  • The victim was on public property or lawfully on private property when bitten
  • The victim did not provoke the dog

For a detailed explanation of these elements, consult our article on dog bites and Missouri law.

 

3. Consider Exceptions to Liability

There are some exceptions to the strict liability rule:

  • Trespassing: If the victim was trespassing, the owner might not be liable.
  • Provocation: If the victim provoked the dog, it could reduce or eliminate the owner's liability.
  • Comparative fault: Missouri follows a "pure comparative fault" rule, which means compensation can be reduced based on the victim's level of fault, if any.

 

4. Document the Incident

Proper documentation is crucial for determining liability. Be sure to:

  • Seek medical attention immediately and keep all medical records
  • Report the incident to local authorities
  • Gather contact information from witnesses
  • Take photos of your injuries and the location of the incident

For more information on what to do immediately after a dog bite, check our guide on steps to take after a dog bite at work.

 

5. Consider Special Circumstances

Some situations may affect liability determination:

 

6. Understand Potential Damages

In a dog bite case, you may be entitled to compensation for:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Emotional distress

Be aware that dog bites can lead to serious complications, including infections and psychological trauma. Learn more about potential infections from dog bites and the long-term effects of dog bites.

 

7. Seek Legal Assistance

Determining liability in a dog bite case can be complex. It's often beneficial to consult with an experienced St. Louis dog bite attorney who can help you navigate the legal process and ensure you receive fair compensation for your injuries.

 

Remember, each dog bite case is unique, and the specific circumstances will influence how liability is determined. By understanding these key factors and seeking proper legal guidance, you can protect your rights and pursue the compensation you deserve after a dog bite incident in Missouri.

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