A dog attack is a traumatic experience, leaving both physical and emotional scars. While Missouri law gives you the right to seek compensation for your injuries, getting what you’re owed isn’t always simple. Dog owners can raise certain defenses to limit their liability or even avoid paying you at all. Understanding these tactics is a critical part of building successful dog bite claims. At The Law Office of Chad G. Mann, LLC, we’re committed to helping you face these complex legal challenges and secure the justice and compensation you deserve.

What to Do Immediately After a Dog Bite

In the chaotic moments after a dog bite, it’s easy to feel overwhelmed and unsure of what to do. Your priority should always be your health and safety, but the steps you take right after the incident can also significantly impact your ability to secure fair compensation later. Taking a deep breath and focusing on a few key actions can protect both your well-being and your legal rights. First, get the medical care you need. Then, create an official record of the attack by reporting it to the proper authorities. Finally, begin gathering the evidence that will form the foundation of your personal injury claim. Each of these steps is crucial, and handling them correctly from the start can make the entire process smoother and less stressful down the road.

Seek Medical Attention

Your first and most important step is to seek medical care. Even if the bite seems minor, it’s essential to have a doctor examine the wound. Dog bites carry a high risk of infection due to the bacteria in a dog’s mouth, which can lead to serious complications if left untreated. A medical professional can properly clean the wound, determine if stitches are needed, and prescribe antibiotics to prevent infection. Getting prompt medical attention not only protects your health but also creates a vital medical record. This documentation will serve as official proof of your injuries and the treatment required, which is a cornerstone of any future personal injury claim.

Report the Incident to Local Authorities

After you’ve addressed your immediate medical needs, you should report the bite to your local animal control agency or police department. Filing an official report is a critical step that should not be overlooked. This report creates a formal record of the incident, including details about the date, time, location, and the dog involved. It also prompts an official investigation, which can help identify the dog’s owner and determine if the animal has a history of aggression. This official documentation is invaluable evidence that substantiates your claim and demonstrates that you took the incident seriously from the beginning. It provides an unbiased, third-party account of the event that can be used in negotiations with insurance companies.

Gather Evidence for Your Claim

Building a strong dog bite claim requires solid evidence. While you are recovering, it’s important to start collecting and preserving anything that could support your case. Think of yourself as a detective for your own claim; the more information you can gather, the better. This evidence will help your attorney reconstruct the events and demonstrate the full extent of your damages to the insurance company or a court. Key pieces of evidence include photographs of your injuries and the scene, contact information for any witnesses who saw the attack, and all medical records and bills related to your treatment. Keeping everything organized will be incredibly helpful as your case progresses.

Photograph Your Injuries and the Scene

A picture is truly worth a thousand words in a personal injury case. Use your phone to take clear, well-lit photos of your injuries as soon as possible after the bite. Continue to document the healing process by taking pictures every few days, as this shows the full progression of the injury, including any bruising, swelling, or infection. If it’s safe to do so, also take photos of the location where the attack occurred. Capturing images of a broken fence, a faulty gate, or the general environment can help establish negligence. If possible, get a picture of the dog from a safe distance.

Collect Witness Information

If anyone saw the dog bite happen, their testimony could be a powerful part of your claim. Eyewitnesses can provide an objective account of the attack, confirming details about the dog’s behavior and whether it was provoked. Politely ask anyone who saw the incident for their full name and contact information, including their phone number and email address. Don’t try to get a detailed statement on the spot; simply securing their contact details is enough. Your attorney can follow up with them later to get a formal statement about what they observed. Independent witnesses can often make a significant difference in proving your version of events.

Keep All Medical Records and Bills

Meticulous record-keeping is essential for recovering the full compensation you deserve. Create a dedicated folder to store every piece of paper related to your dog bite injury. This includes itemized bills from the emergency room, your primary care physician, and any specialists you see. Save receipts for prescriptions, medical supplies like bandages, and any other out-of-pocket expenses. You should also keep copies of your medical records, which detail your diagnosis and treatment plan. This paperwork provides concrete proof of your financial losses, which form the basis of the economic damages portion of your claim.

Understanding Missouri Dog Bite Laws

When you’re recovering from a dog bite, the last thing you want to do is try to decipher complex legal statutes. However, understanding the basics of Missouri’s dog bite laws can empower you and help you recognize the strength of your case. Unlike some states that give dog owners a bit of leeway for a first-time bite, Missouri law is generally more favorable to victims. The state operates under a “strict liability” statute, which means a dog owner is typically responsible for injuries their dog causes, regardless of whether the dog had ever shown aggression before. This is a significant advantage for victims. It’s also crucial to be aware of the time limit, or statute of limitations, for filing a claim, as missing this deadline can prevent you from ever recovering compensation for your injuries.

Missouri’s Strict Liability Rule

In Missouri, the law holds dog owners strictly liable for injuries their pets cause. This means that if a dog bites you, the owner is legally responsible for your damages, provided two conditions are met: you did not provoke the dog, and you were lawfully on the property where the bite occurred (i.e., not trespassing). Under this rule, you don’t have to prove that the owner knew their dog was dangerous or had a history of biting. The simple fact that their dog caused your injury is enough to establish their liability. This removes a major hurdle that victims in other states often face, making it easier to hold the owner accountable for medical bills, lost wages, and pain and suffering.

How It Compares to “One-Bite” and Negligence Rules

Missouri’s strict liability law stands in contrast to the “one-bite” rule used in some other states. In a “one-bite” state, an owner is often only held liable if they knew or should have known their dog was dangerous, which usually means the dog had bitten someone before. This can leave the first victim with little recourse. Missouri’s law offers much stronger protection. By holding owners accountable from the first incident, the law prioritizes the safety of the public. This approach is part of a broader trend, with a majority of states now having laws that make owners automatically responsible for injuries their dogs cause, as noted by the Insurance Information Institute.

The Statute of Limitations for Filing a Claim

While Missouri law is favorable to victims, it includes a strict deadline for taking legal action. This deadline is known as the statute of limitations. In Missouri, you generally have five years from the date of the dog bite to file a personal injury lawsuit. If you fail to file your claim within this five-year window, the court will almost certainly dismiss your case, and you will lose your right to seek compensation forever. This is why it’s so important to act promptly and consult with an attorney soon after the incident. An experienced lawyer can ensure all necessary paperwork is filed correctly and on time, protecting your right to justice.

Important Exceptions for Minors

The statute of limitations works differently when the victim is a minor. Children are not expected to understand legal deadlines, so the law provides an important exception for them. In Missouri, the five-year clock does not start ticking for a minor until their 21st birthday. This means a person who was bitten as a child has until their 26th birthday to file a lawsuit. This extension gives them ample time to understand the full extent of their injuries, which may include long-term scarring or psychological trauma that becomes more apparent as they get older, before deciding to pursue legal action.

The Dog Bite Claims Process

Once you’ve handled the immediate aftermath of a dog bite and understand your rights under Missouri law, the next step is the claims process itself. This is where you formally seek compensation for your injuries. For most people, this process is unfamiliar territory, but it generally follows a predictable path. The claim is typically filed against the dog owner’s homeowners or renters insurance policy, which is designed to cover these types of incidents. From there, the process involves negotiating with the insurance company to reach a fair settlement. While most cases are resolved this way, it’s also important to understand the potential consequences for the dog and its owner, as these can be part of the outcome.

The Role of Homeowners and Renters Insurance

You might wonder how a dog owner could afford to pay for your medical bills, lost income, and other damages. The answer, in most cases, is insurance. Standard homeowners and renters insurance policies typically include liability coverage that pays for injuries and damages caused by household members, including pets. When you file a dog bite claim, you are usually not seeking money directly from the owner’s pocket but are instead dealing with their insurance provider. These companies have teams of adjusters and lawyers dedicated to handling claims, which is why having an experienced attorney on your side is so important to level the playing field and ensure you are treated fairly.

The Financial Scale of Dog Bite Claims

Dog bite claims are more common—and more costly—than many people realize. These incidents represent a significant portion of liability claims paid out by insurance companies each year. According to the Insurance Information Institute, homeowners insurers paid out over $1.1 billion for dog-related injury claims in a single recent year. This statistic shows that you are not alone in this experience and that there is a well-established system for handling these claims. It also underscores that insurance companies have a strong financial incentive to minimize the amount they pay out, which is why having a skilled advocate is crucial to securing the full settlement you are entitled to.

Filing a Claim and Negotiating a Settlement

The vast majority of dog bite cases are settled out of court through negotiations between your attorney and the owner’s insurance company. The process begins when your lawyer sends a demand letter to the insurer, outlining the facts of the case, the extent of your injuries, and the total compensation you are seeking. The insurance adjuster will then review your claim and respond with a counteroffer, which is often much lower than your initial demand. This is where the negotiation begins. An experienced attorney knows how to counter lowball offers and fight for a settlement that truly covers all your damages. At The Law Office of Chad G. Mann, LLC, we handle these negotiations so you can focus on your recovery.

Potential Consequences for the Dog and Owner

A civil claim for compensation is separate from any local ordinances or state laws that apply to the dog and its owner. Many victims worry about what will happen to the dog, and it’s important to understand the potential outcomes. The consequences can range from a mandatory quarantine period to, in very rare and severe cases, a court order for euthanasia. The owner may also face fines or be required to take specific precautions in the future, such as muzzling the dog in public or building a more secure enclosure. In some situations, the owner could even face criminal charges if their negligence was particularly egregious.

Quarantine Periods and Dangerous Dog Designations

After a bite is reported, local animal control will typically require the dog to be quarantined for 10 days. This is done to monitor the animal for signs of rabies, a procedure that protects public health. If the dog has a history of aggression or the attack was particularly severe, authorities may designate it as a “dangerous dog.” This legal designation often comes with strict requirements for the owner, such as keeping the dog in a secure enclosure, posting warning signs on their property, and maintaining a special liability insurance policy. These measures are designed to prevent future incidents and ensure community safety.

Potential Criminal Charges

While most dog bite incidents result in civil claims for damages, there are rare instances where an owner’s actions (or inaction) can lead to criminal charges. This usually happens in extreme cases where an owner knew their dog was vicious and failed to control it, leading to a severe or fatal attack. For example, if an owner encouraged their dog to be aggressive or repeatedly let a known dangerous dog roam free, they could face charges ranging from misdemeanors to, in the most tragic cases, felony charges like manslaughter. These criminal proceedings are handled by the state and are separate from your personal injury claim for compensation.

What Compensation Can You Recover?

After suffering a dog bite, you are entitled to seek compensation, known legally as “damages,” for the harm you have endured. The goal of a personal injury settlement is to make you whole again, at least from a financial perspective. The compensation you can recover is typically divided into two main categories: economic damages and non-economic damages. Economic damages are meant to reimburse you for all the direct financial losses you’ve incurred because of the injury. Non-economic damages are designed to compensate you for the intangible, personal losses that don’t have a clear price tag, such as your physical pain and emotional trauma. A thorough claim will account for all the ways the injury has impacted your life.

Economic Damages for Financial Losses

Economic damages are the most straightforward part of a dog bite claim because they are tied to actual, calculable expenses. This category is intended to repay you for every dollar you have lost or had to spend as a direct result of the injury. The most significant component is usually your medical expenses, including everything from the initial emergency room visit to ongoing physical therapy, future surgeries, and prescription costs. It also includes any lost wages if you were unable to work while recovering. If the injury results in a permanent disability that affects your ability to earn a living in the future, you can also seek compensation for your diminished earning capacity.

Non-Economic Damages for Pain and Suffering

Non-economic damages compensate you for the profound personal toll the dog bite has taken on your life. This includes physical pain, emotional distress, anxiety, and the psychological trauma of the attack. Many victims develop a long-term fear of dogs or suffer from PTSD. If the bite leaves a permanent scar, especially on the face or another visible area, you can be compensated for the disfigurement and the associated embarrassment or humiliation. While it’s impossible to put a precise dollar amount on this kind of suffering, the legal system recognizes that it is a very real and significant loss. An experienced attorney can help articulate the depth of your suffering to ensure you are fairly compensated.

How Settlement Values Are Calculated

There is no simple formula for calculating the exact value of a dog bite settlement. Every case is unique, and the final amount depends on a wide range of factors, including the severity of your injuries, the total of your medical bills, the amount of your lost wages, and the strength of the evidence. Insurance companies and attorneys often use certain methods as a starting point for negotiations, but these are just guidelines. The final settlement is determined by carefully evaluating all your economic and non-economic damages to arrive at a figure that fully and fairly compensates you for everything you have been through as a result of the incident.

The Multiplier and Per Diem Methods

Two common methods used to estimate the value of non-economic damages are the “multiplier” and “per diem” methods. With the multiplier method, your total economic damages (like medical bills and lost wages) are multiplied by a number, typically between 1.5 and 5. The multiplier increases based on the severity of the injury and the impact on your life. The “per diem” (per day) method assigns a daily dollar amount to your suffering, which is then multiplied by the number of days you were in pain. An attorney can assess the specifics of your case to determine the best approach for calculating a fair value for your pain and suffering.

Affirmative Defenses in Animal Liability Cases

When pursuing a claim for injuries caused by a domestic animal, such as a dog, the owner or keeper may assert affirmative defenses to reduce or eliminate their liability. Two primary defenses are:

Plaintiff’s Knowledge
Trespass

1. Plaintiff’s Knowledge

In strict liability cases, once it’s established that the owner knew of the animal’s dangerous propensities, the defendant can argue that the plaintiff knowingly and voluntarily exposed themselves to the danger. This means if you were aware of the dog’s aggressive nature and still chose to interact with it, the owner might use this as a defense.

Key Legal Reference:

Patterson v. Rosenwald, 6 S.W.2d 664 (Mo. App. W.D. 1928)

Impact on Your Claim:

Comparative Fault: In negligence claims, your knowledge of the animal’s tendencies can affect the percentage of fault assigned to you, potentially reducing your compensation.
- Duren v. Kunkel, 814 S.W.2d 935 (Mo. banc 1991)

What This Means for Victims:

It’s crucial to demonstrate that you were unaware of the animal’s dangerous behavior or that you did not voluntarily expose yourself to harm.

2. Trespass

The law distinguishes between lawful visitors and trespassers when it comes to injuries caused by animals.

Key Points:

Lawful Visitors: If you were on the property for a lawful purpose, the owner can still be held liable for injuries caused by their animal.
- Carrow v. Haney, 219 S.W. 710 (Mo. App. E.D. 1920)
- Lavin v. Carroll, 871 S.W.2d 465 (Mo. App. E.D. 1994)
Unlawful Trespassers: If you were unlawfully on the property, the owner might not be held liable under strict liability. Missouri law does not explicitly address injuries to unlawful trespassers by animals with dangerous propensities, but generally, land possessors are not strictly liable in such cases.

Impact on Your Claim:

Establishing that you were legally on the property is vital to overcoming this defense.

Overcoming Affirmative Defenses

To strengthen your case:

Prove Lack of Knowledge: Demonstrate that you had no prior knowledge of the animal’s dangerous tendencies.
Establish Lawful Presence: Provide evidence that you were legally on the property when the incident occurred.
Consult Legal Counsel: An experienced attorney can help counter these defenses by gathering evidence and presenting a compelling case.

Potential Legal Instructions in Court

Missouri courts may use specific instructions to guide the jury in cases involving animal attacks. These include:

Verdict Director:

Outlines the elements needed to find the defendant liable, such as ownership, the animal’s tendency to injure, the defendant’s knowledge, and causation of injury.

Comparative Fault Defense:

Allows the jury to assess a percentage of fault to the plaintiff if they knew of the animal’s tendencies and voluntarily exposed themselves to risk.

Understanding these legal frameworks highlights the importance of presenting a well-prepared case to maximize your chances of a favorable outcome.

Role of Municipal Ordinances

Local ordinances may impact your claim:

Private Cause of Action: Some ordinances allow individuals to sue for violations, eliminating the need to prove the owner’s knowledge of the animal’s dangerous propensities.
- Jensen v. Feely, 691 S.W.2d 926 (Mo. App. W.D. 1985)
Requirements:
1. Violation of Ordinance: The owner breached a specific animal control ordinance.
2. Protected Class: You belong to the group the ordinance intends to protect.
3. Type of Injury: The injury is the kind the ordinance aims to prevent.
4. Proximate Cause: The violation directly caused your injury.
Legal Challenges: Not all courts agree on whether ordinances provide a private right of action, so it’s essential to consult an attorney familiar with local laws.

Why Choose The Law Office of Chad G. Mann, LLC

Navigating the complexities of dog bite and animal attack cases requires expertise:

Experience with Affirmative Defenses: We know how to counter common defenses raised by animal owners.
Local Ordinance Knowledge: Our familiarity with Missouri laws and local ordinances strengthens your case.
Dedicated Advocacy: We’re committed to fighting for your rights and securing the compensation you deserve.

Contact Us Today

If you’ve been injured by a dog or another domestic animal in Missouri, don’t let affirmative defenses hinder your pursuit of justice. Contact The Law Office of Chad G. Mann, LLC for a free consultation. We’re here to help you navigate the legal system and advocate on your behalf.

Frequently Asked Questions

The owner says their dog has never bitten anyone before. Can I still file a claim? Yes, you absolutely can. This is one of the most important things to understand about Missouri law. Our state follows a “strict liability” rule, which means a dog’s history doesn’t matter. The owner is held responsible for your injuries simply because their dog caused them, as long as you weren’t trespassing or provoking the animal. You don’t have the burden of proving the owner knew their dog was dangerous.

What if the bite seems minor? Do I still need to report it and see a doctor? Even for what looks like a minor scrape, it’s wise to take it seriously. Dog mouths contain bacteria that can cause serious infections, so getting a medical opinion is always the safest bet for your health. Seeking treatment also creates an official medical record of the injury, which is a crucial piece of evidence. Likewise, reporting the incident to animal control creates an official, unbiased record of the attack, which strengthens your claim from the very beginning.

The owner offered to pay my medical bills directly. Should I just accept that? While the offer might seem fair and simple, accepting it is often a mistake. Your initial medical bills are only one part of the potential compensation you’re owed. A proper settlement should also account for any future medical care, lost wages from time off work, and the physical pain and emotional trauma you’ve experienced. Accepting an early, informal offer usually requires you to waive your right to seek any further compensation, leaving you to cover all those other costs yourself.

I feel bad for the dog and don’t want it to be put down. Should I still seek compensation? It’s completely normal to have compassion for the animal. It’s important to know that your personal injury claim is a civil matter that is separate from any action animal control might take. Your claim is typically filed against the owner’s homeowners insurance policy to cover your damages. The decision about whether the dog is quarantined or designated as dangerous is made by local authorities based on public safety regulations, not by your pursuit of compensation.

What if I was on the owner’s property when the bite happened? Does that hurt my case? This depends on why you were on the property. Missouri law protects people who are there lawfully, which includes invited guests, mail carriers, or customers at a business. If you were on the property legally, the owner is still responsible. The primary defense an owner can use in this situation is to argue that you were trespassing. As long as you had a legitimate reason to be there, your presence on their property generally does not prevent you from making a successful claim.

Key Takeaways

Your Actions After a Bite Matter: Immediately seek medical care, file an official report with animal control, and document everything with photos and witness contacts. These initial steps create the foundation for a successful injury claim.
Missouri Law Is on Your Side: The state’s “strict liability” rule makes dog owners responsible for injuries, even for a first-time bite. Just be mindful of the five-year deadline to file your lawsuit and protect your right to compensation.
Overcome Common Legal Hurdles: Dog owners may argue that you provoked the animal or were trespassing to avoid paying. Understanding and preparing for these defenses is critical to securing the full compensation you deserve for all your losses.

Missouri Dog Bite Claims: A Step-by-Step Guide