Being the victim of a dog bite or animal attack can be a traumatic experience, both physically and emotionally. In Missouri, victims have the right to seek compensation for their injuries. However, it’s essential to understand that dog owners may raise certain defenses to limit or avoid liability. At The Law Office of Chad G. Mann, LLC, we’re committed to helping you navigate these complex legal challenges to secure the justice and compensation you deserve.
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:
- Violation of Ordinance: The owner breached a specific animal control ordinance.
- Protected Class: You belong to the group the ordinance intends to protect.
- Type of Injury: The injury is the kind the ordinance aims to prevent.
- 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.