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. This article explains animal liability Missouri, including both common law and strict liability rules when pets cause harm.
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. Missouri’s common law animal liability Missouri rules apply when an owner knew their pet could be dangerous.
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.
- Under strict liability animal Missouri law, owners can be held responsible even without fault.
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
The laws around domestic animal liability Missouri define which animals and circumstances apply.
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:
- 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.
- 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.
- 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.
- 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:
Prevent liability by understanding animal owner liability Missouri standards and local pet ordinances
- 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.
Frequently Ask Question
What is animal liability?
Animal liability refers to the legal responsibility a pet owner (or someone who keeps or harbors an animal) has if their animal causes injury or property damage. In Missouri, owners can be held legally liable under common law (if they knew the animal was dangerous) or under strict liability laws in certain cases.
Do I need animal liability insurance?
Yes, it’s a smart idea especially if you own pets with a history of aggression or larger animals like dogs or horses. Animal liability insurance helps cover medical bills, legal costs, and damage claims if your animal injures someone or damages property. Some homeowners’ policies may exclude it, so it’s important to check your coverage.
What is strict liability for animals?
Strict liability means the animal owner can be held responsible for injuries or damages even if they weren’t negligent. In Missouri, if the owner knows (or should know) that their animal is dangerous, they can be strictly liable even if they took precautions to prevent harm.
What is the animal liability exclusion?
An animal liability exclusion is a clause in some insurance policies that denies coverage for injuries or damages caused by animals. This means the insurance company won’t pay for claims related to pet attacks or property damage. If your policy has this exclusion, you may need separate animal liability coverage.
