Dog attacks can be frightening experiences with consequences that can last a lifetime. After the dog bite, medical treatment and surgery are often necessary, and a relatively new law in Missouri helps people injured in dog attacks get the compensation they need to pay for medical bills and other expenses resulting from the dog bite.
Previously, in addition to working on their medical recovery, dog-bite victims had to prove the dog had a vicious propensity before they could recover any money from the dog’s owner. Under the new Missouri dog-bite law, however, dog-attack victims will not have as much to prove before they can get the compensation they deserve.
Dog Bite Statistics
The U.S. Centers for Disease Control and Prevention reports that more than 4.7 million people are bitten by dogs each year. Of these people, 800,000 seek medical attention, and about half are children. More than a third of the injuries caused by dog attacks require emergency department care.
The Center for Disease Control and Prevention also states that children ages 5 to 9 are the group most often bitten by dogs. In addition, when children 4-years-old or less are attacked by dogs, most of the injuries are to their heads and necks. Boys are more often injured by dog bites than girls.
-Cuts and scrapes -Puncture wounds -Tissue loss -Muscle loss -Nerve damage -Fractures and broken bones -Hair loss -Disfiguration -Infection
The dog attack and these injuries can also lead to mental-health concerns like post-traumatic stress disorder, anxiety, fear, depression, and embarrassment. Following serious dog attacks, victims may need emergency medical treatment, surgery, rehabilitation and therapy.
Old Missouri Dog-Bite Law
The previous dog-bite law in Missouri was the “one bite rule,” which is sometimes known as the free bite rule. Under the old Missouri dog-bite law, dog-attack victims had to prove that the dog’s owner knew or should have known the dog was potentially dangerous based on its past behavior in order to hold the dog owner responsible for the attack.
Essentially, under the one bite rule, dog owners generally could not be held liable for a dog’s first bite. Instead, that first “free bite” was the behavior that gave the owner notice that the dog had a propensity for violence, and the owner could be held liable only for subsequent dog attacks. This old rule used a negligence standard that judged the legal liability of a dog owner by determining whether his or her action was what a reasonable person would have done considering the circumstances.
New Missouri Dog-Bite Law
The new Missouri dog-bite law eliminated the negligence standard and the one bite rule. In 2009, the Missouri legislature enacted a new law that established a strict-liability standard for dog-bites, making it easier for dog-attack victims to hold the dog owner responsible.
The new law states that the owner or possessor of any dog that bites, without provocation, any person while that person is on public property or has been invited onto private property is strictly liable for damages suffered by the victim, “regardless of the former viciousness of the dog or the owner’s or possessor’s knowledge of such violence.” Further, a dog owner or possessor held liable under the law also will be fined up to $1,000.
Accordingly, dog-bite victims do not need to prove that the dog’s owner knew or should have known the dog was potentially dangerous before the victim may hold the owner responsible for the attack. Instead, victims only need to prove two things, one, they were on public property or lawfully on private property when the attack occurred and two, they did not provoke the dog before it bit.
If these two requirements are met, the dog owner will be held strictly liable for the attack and the victim may be awarded monetary compensation, called damages, for his or her injuries and related expenses. However, if a judge or jury determines that the victim was partly at fault for the attack, the damages recovered by the victim will be reduced by victim’s percentage of fault.
The A.W. Smith Law Firm in Columbia handles dog bites and serious injury cases all over the State of Missouri. If you have questions about how to choose a law firm that is equipped to handle your dog bite or serious injury case, please contact us today at 573-443-7300 or visit our website at www.awsmithlaw.com. The A.W. Smith Law Firm has recovered millions in settlements and verdicts in serious injury and dog bites cases.