I was bitten by a dog; do I have a claim against the dog owner?

As much as we all love our four-legged friends, an estimated 4.5 million people are bitten by dogs in the United States each year (See American Veterinary Medical Association, the U.S. Centers for Disease Control).  Dog bites can cause serious injury to the victim, resulting in expensive medical care, scarring, and emotional trauma.  If you’ve experienced a dog bite, it’s important that you understand your legal rights and whether you can bring a successful civil claim.

In Missouri, dog bite claims are traditionally brought against the dog owner under theories of liability including negligence and/or strict liability.  A negligence claim requires proof that the dog owner failed to use reasonable care in exercising control of his/her dog.  A strict liability claim requires proof that the dog had vicious or dangerous propensities and that the owner was aware of the dog’s vicious or dangerous propensities.  In a strict liability claim the dog owner will be liable for his/her dog regardless of whether the dog owner exercised reasonable care in restraining the dog (in other words, the dog owner will be held liable under a cause of action of strict liability regardless of whether the dog owner was negligent).

Like other personal injury negligence claims in Missouri, dog bite claims typically have a statute of limitations of 5 years.  This means that you typically have 5 years to file a lawsuit and/or bring a claim against the dog owner following a dog bite.  However, as there are occasionally exceptions to this rule, it is in your best interest to seek legal advice as soon as possible following the incident.  Once a dog bite claim or lawsuit is brought, common defenses raised by the dog owner include provocation of the dog, lack of the dog owner’s notice/knowledge of his/her dog’s vicious propensity, trespass by the victim, or other allegations of comparative fault.

If you have been injured due to a dog bite, it is important to consult an experienced attorney to ensure your claim is properly evaluated and that you are fully compensated for all of your damages.  At the At the A.W. Smith Law firm, our attorneys have handled dozens of dog bite cases, ranging from minor bites to major bodily disfigurement.  As such, if you have been hurt due to a dog bite, please reach out to our firm for a free, no-obligation case assessment.