Domestic animals bring joy and companionship to many households in Missouri. However, when these animals cause injury or property damage, the legal implications can be complex. Understanding the liability arising from acts of domestic animals is crucial for both pet owners and victims of animal-related incidents. At The Law Office of Chad G. Mann, LLC, we’re committed to helping you navigate these legal challenges to protect your rights and ensure justice is served.

Common-Law Liability vs. Strict Liability

In Missouri, liability for damages caused by domestic animals can arise under two main legal theories: common-law liability and strict liability.

Common-Law Liability:

  • Based on negligence principles.
  • An owner can be held liable if they knew or should have known about the animal’s dangerous propensities and failed to take reasonable steps to prevent harm.
  • Applies when an animal presents a dangerous condition on the owner’s premises.

Strict Liability:

  • Imposed regardless of the owner’s negligence.
  • If an owner knows or has reason to know of an animal’s dangerous propensity, they can be held strictly liable for any resulting injuries.
  • Under strict liability, it is no defense that the owner exercised reasonable care in restraining or confining the animal.

Key Case References:

  • Garrett v. Overland Garage & Parts, Inc., 882 S.W.2d 188 (Mo. App. E.D. 1994): An owner is liable in negligence when the animal presents a dangerous condition, and the owner knew or should have known of the danger.
  • Boosman v. Moudy, 488 S.W.2d 917 (Mo. App. W.D. 1972): Strict liability applies when the owner knows or should know of the animal’s dangerous propensity, and the animal causes injury.

Definitions and Elements of Liability

What Constitutes a Domestic Animal?

  • Definition: Animals that are habituated to live in or around human habitations or contribute to the support of a family.
  • Examples include horses, sheep, dogs, and other tamed animals.

Elements Required to Impose Liability:

  1. Ownership, Keeping, or Harboring:
    • The defendant owned, kept, or harbored the domestic animal.
    • Liability can extend beyond the owner to anyone who keeps or harbors the animal.
  2. Dangerous Propensity:
    • The animal possessed a tendency to injure persons or property.
    • This includes behaviors stemming from anger, viciousness, or even playfulness that can cause harm.
  3. Knowledge of the Propensity:
    • The owner, keeper, or harborer knew or should have known of the animal’s dangerous tendencies.
    • Actual or constructive knowledge is sufficient.
  4. Causation:
    • A direct causal relationship between the animal’s act and the injury sustained.

Important Considerations:

  • The plaintiff bears the burden of proving each element.
  • Bulls, stallions, and rams are generally not considered abnormally dangerous animals under strict liability due to their inherent nature and usefulness in breeding livestock.

The Importance of Knowledge of Dangerous Propensities

An essential aspect of imposing liability is establishing that the owner or keeper knew or should have known about the animal’s dangerous tendencies.

  • Actual Knowledge: The owner is aware of prior incidents or behaviors indicating the animal’s propensity to cause harm.
  • Constructive Knowledge: Even if the owner claims ignorance, they may still be held liable if a reasonable person in their position would have known.

Case Examples:

  • Clinkenbeard v. Reinert, 225 S.W. 667 (Mo. banc 1920): The gist of the action is keeping an animal with knowledge of its vicious propensities.
  • Rowe v. Gongwer, 30 S.W.3d 922 (Mo. App. E.D. 2000): Actual or constructive knowledge is required for liability.

Harboring or Keeping an Animal:

  • Liability isn’t limited to the owner. Those who harbor or keep the animal can also be held responsible.
  • Factors such as caring for the animal, providing shelter, or allowing the animal to stay on one’s property can contribute to being considered a harborer.

Protecting Your Rights

Whether you are an animal owner concerned about potential liability or someone who has been injured by a domestic animal, understanding these legal principles is vital.

For Victims:

  • Document the Incident: Gather evidence, including photos of injuries, witness statements, and any prior knowledge of the animal’s behavior.
  • Seek Medical Attention: Immediate medical care ensures your injuries are documented and treated properly.
  • Consult an Attorney: Legal guidance can help you navigate the complexities of proving liability and securing compensation.

For Animal Owners:

  • Manage Your Animals Responsibly: Be proactive in restraining and controlling your animals, especially if you are aware of any dangerous tendencies.
  • Stay Informed: Keep abreast of local ordinances and state laws regarding animal control and liability.
  • Obtain Insurance: Consider liability insurance that covers incidents involving your animals.

How The Law Office of Chad G. Mann, LLC Can Help

Our experienced legal team can assist you by:

  • Evaluating Your Case: We assess the facts to determine the best legal strategy.
  • Gathering Evidence: Collect crucial information to establish knowledge of dangerous propensities and causation.
  • Advocating for You: Represent your interests in negotiations and court proceedings to achieve a fair outcome.

Contact Us Today

If you’ve been injured by a domestic animal in Missouri, don’t navigate these legal challenges alone. Contact The Law Office of Chad G. Mann, LLC for a free consultation. We’re dedicated to protecting your rights and guiding you through every step of the legal process.

SUBSCRIBE NEWSLETTER