If you have been the victim of a dog bite attack, you have the right to seek compensation from the person who owns or possesses the dog. Some states adhere to the "one-bite rule," meaning that to win damages, a victim must show that the owner knew or should have known the dog was dangerous, usually because the dog had bitten someone once before or had shown aggressive tendencies.

However, Missouri rejects this approach. The relevant statute, Mo. Rev. Stat. § 273.036, provides for strict liability — a legal doctrine that imposes responsibility on an individual or entity without regard to negligence or fault. When a dog bites a person without provocation while that person is on public property or is lawfully on private property, the dog owner is liable for any injuries caused by the bite.

Strict liability applies regardless of whether the dog had ever acted aggressively before, whether the owner had knowledge of such behavior or whether the owner was negligent in not controlling the dog. By comparison, a lawsuit based on dog owner negligence would require proof that the owner failed to take reasonable care to prevent an attack, such as by leashing the dog or securing it behind a fence. 

Missouri’s strict liability approach makes it easier for bite victims to recover compensation. However, the statute has important exceptions. Dog owners are not strictly liable if the bite victim was trespassing on private property or if the victim provoked the dog. Provocation includes actions such as teasing, hitting or otherwise antagonizing the animal. If either of these defenses is proven, the owner may not be held liable for the injured person's damages unless negligence is proved. Young children who are victims of dog bite attacks may still be able to recover damages despite trespass or provocation.

Missouri follows a pure comparative negligence rule. If a bite victim's own actions— such as ignoring clear warnings about the dog’s behavior — contributed to their injuries, their recoverable damages can be reduced by the percentage of their fault. For instance, if a victim is found 20 percent responsible for the incident and has $10,000 in damages, the damages would be reduced to $8,000. An experienced Missouri dog bite injury attorney can build a strong case against assigning negligence to the victim.

Dog bite injuries can range from mild to life-altering. Examples are puncture wounds, lacerations, nerve damage, facial injuries, broken bones, infections, and emotional trauma such as post-traumatic stress disorder (PTSD). Children are especially vulnerable and often may suffer particularly serious injuries. Victims of dog bites may be entitled to several types of damages, including medical expenses, lost wages and compensation for pain and suffering, scarring and disfigurement.

The Guirl Law Firm in St. Louis represents clients injured in dog attacks throughout Missouri, advocating for their right to fair compensation under state law. If you or a loved one has been bitten by a dog, call our 24-hour toll-free hotline at 314-391-2585 or contact us online to schedule your free initial consultation.