A well-socialized, healthy dog who is not afraid is unlikely to bite someone without provocation, but even the best dog can bite under the wrong circumstances. Since animals are unpredictable even when trained, state law imposes strict liability for dog bites.
Under a strict liability theory, the owner of a dog is generally responsible for a dog bite. However, there are some defenses to the bite. A knowledgeable dog bite attorney from the AW Smith Law Firm can investigate the incident and help you establish the dog’s owner is responsible for your injuries due to dog bite liability in Columbia, MO.
Missouri Revised Statutes § 273.036 states owners are strictly liable for unprovoked dog bites. It also extends liability to the possessor of a dog, so a person who possesses the dog without legal ownership is still responsible for a dog bite.
However, there are restrictions on strict liability. The injured party must be on public property or lawfully on private property, including the dog owner’s property. Guests, invitees, and other lawful visitors should be free from the fear of unprovoked dog attacks, while trespassers should not. The liability applies regardless of whether the dog has any history of viciousness or aggression.
The attack must be unprovoked for the injured person to be able to recover. The statute also suggests that when they had any fault in the incident, the owner’s damages would be reduced by the same percentage as the injured person’s fault. The statute’s wording seems to suggest some wiggle room around the concept of an unprovoked attack.
One reason for the wiggle room may be that dogs might be an attractive nuisance, which are dangerous conditions on someone’s property that might attract children. The property owners may have a more substantial duty to protect child trespassers than other trespassers. When a child provokes a dog and gets injured, even if the child is a trespasser, the owner may still have some liability for dog bites in Columbia, MO.
Missouri Revised Statutes § 516.120 provides a five-year statute of limitations for dog bite liability claims. This longer statute of limitations can benefit people injured by dog bites.
Recovering from a dog bite, especially for children, can be a lengthy process. Estimating the cost of medical treatment within a year or two of the injury may be difficult. Medical professionals get a more accurate idea of how many reconstructive surgeries will be necessary only through treatment. Additionally, a longer statute of limitations provides more time to explore whether the attack will result in lasting trauma, contribute to the development of phobias, or have any other lingering effects.
People can assert several defenses in a dog bite case. The first defense is that they were not the owner or possessor of the dog. When a dog bite occurs on someone’s property, that defense is more challenging. However, when a dog bite happens in public, tracking down the owner and proving ownership can be difficult. The owner may not come forward and retrieve their pet in an attempt to avoid financial responsibility when animal control gets involved and picks up the biting dog. Law enforcement may take over the investigation to prove ownership.
The next defense is provocation. Demonstrating a person did something to cause the attack can be an effective defense. Throwing things at a dog, kicking it, or otherwise mistreating it could all be considered provocation.
Finally, dog owners may assert that the victim was a trespasser. For child trespassers, this may be an incomplete defense. However, for adult trespassers, it can be an excellent defense to liability in a dog bite case in Columbia, MO.
Dog bites can be painful, frightening, and traumatic. Recovery may be lengthy and expensive. Some people may have lasting physical and emotional wounds. While financial compensation cannot undo those harms, it can help you get the treatment you need to recover.
A lawyer at AW Smith could help you evaluate your case and determine whether you may be entitled to compensation. Contact one of our attorneys to find out more about dog bite liability in Columbia, MO.
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