Dog bites cause pain, fear, and scarring that is permanent. Victims are caught off guard when attacked. Medical bills rise, lost time is an added expense, and insurance companies would prefer to have the issue settled immediately. If this happened in Kansas City, you could have a legal right. You can be counseled by an attorney regarding suing for compensatory damages pursuant to Missouri statute.
Dog Bite Statutes in Missouri
Missouri law protects victims of dog bites. Missouri has a policy of “strict liability.” That means, essentially, the owner of the dog is usually responsible for injuries, even if the dog never bit anyone during its existence.
Under Missouri Revised Statutes Section 273.036, an owner is liable when:
- Their dog bites without provocation.
- The victim had the right to be on his or her property.
- The victim did not incite the dog.
This law makes it easier for victims than states with a “one-bite rule.” Victims do not have to show the owner knew the dog was vicious. They simply have to show the bite inflicted injury.
What to Do After Being Bitten by a Dog
Quick action saves health and saves a claim.
- Get medical treatment – Always visit a doctor. Dog bites can cause infection or nerve damage.
- Report the bite – Call local law enforcement or Kansas City Animal Control. Reporting leaves a record.
- Document the evidence – Photograph wounds, torn clothing, and site of attack.
- Get witnesses’ names – Get his/her contact information if he/she saw the attack.
- Save bills and records – Save medical bills, work notes due to absence, and receipt for expenses.
These steps justify a valid claim if you do decide to sue.
What Victims Are Entitled to Be Compensated For?
Charges differ on a case-by-case basis, but common damages are:
- Medical bills: ER trip, surgery, physical therapy, medication.
- Lost income: Payment for lost income due to time off from work.
- Pain and suffering: Physical pain and emotional anguish.
- Scarring and disfigurement: Payment for permanent scarring or appearance change.
- Future treatment: For ongoing medical requirements.
In Missouri, punitive damages are recoverable by victims if the owner was negligent. For example, to let a known vicious dog run at large.
Kansas City Dog Bite Statistics
Dog bites are more common than one realizes. Kansas City Animal Control has dozens of cases annually. Children are common targets due to the possibility that they cannot detect warning signs. Bites tend to occur at residences, in public parks, or during neighborhood walks.
Facts reveal:
- Children 12 years and younger are most vulnerable.
- Hands, arms, and faces are the most commonly injured locations.
- Large dogs do more harm, but any dog may bite.
This prioritizes prevention and awareness, but when an attack does occur, victims need a right to legal recourse.
Why Hire a Dog Bite Lawyer in Kansas City?
Some attempt to handle cases on their own. Insurance companies will easily send out checks for settlements. But they tend to be far less than victims are entitled to.
A lawyer can:
- Look over medical records and calculate damages.
- Negotiate with the insurance companies for a fair settlement.
- Sue when the owner won’t negotiate.
- Seek experts, such as veterinarians or animal behaviorists.
Kansas City personal injury attorneys know the local courts, judges, and the ways insurers battle such cases. It increases the chances of a good settlement or trial win.
Common Defenses Owners Will Use
Dog owners will usually claim paying to not lose their pet. Some defenses they will use are:
- Provocation: Claiming the victim teased or injured the dog.
- Trespassing: Claiming the victim had no legal right to approach the property.
- No bite occurred: Denying the dog attacked.
- Mutual fault: Claiming the actions of the victim contributed partially to the bite.
An experienced lawyer can help in the legal process to challenge these defenses with evidence, medical records, and witness testimony.
Time Limit for Filing a Dog Bite Lawsuit
Victims must act within Missouri’s statute of limitations. For dog bite cases, the deadline is five years from the date of injury. Waiting too long can end the right to sue. Starting early leaves time to gather evidence while it is still available. Witness statements, photos, and medical records are better collected immediately.
Special Cases: When a Dog is Property of a Landlord or Business
They are not all equal. A dog can be maintained on rental land or even at a business in certain situations.
- Landlord cases: If the landlord was aware of a tenant’s violent dog and did nothing, they will be responsible collectively.
- Business cases: When a dog bite occurs in an office or retail company, business owners can be held liable.
These situations need to be closely examined because liability may extend beyond the dog’s immediate owner.
Emotional Harm caused by Dog Bites
Dog bites cause more than physical damage. The majority of victims, particularly children, experience long-term trauma. They are afraid of dogs, have nightmares, and are apprehensive. Others require therapy to get over the emotional trauma. Missouri does allow for compensation of emotional distress. It is part of “pain and suffering” damages. It helps victims receive help for counseling or mental health care.
Insurance and Dog Bite Cases
Most Kansas City dog bite cases are insured under homeowner’s or renter’s insurance. These policies will have bite coverage. Insurers find it hard to cap payments. A lawyer knows how to read policies and negotiate fair settlements. If the insurance firm denies the claim, then the victim can sue the owner personally.
Steps in a Dog Bite Lawsuit
The process usually goes through the following steps:
- Consultation – Victim consults a lawyer for free case consultation.
- Investigation – Lawyer obtains records, photos, and witness statements.
- Demand letter – Lawyer sends demand to owner’s insurance company.
- Negotiation – Both parties try to resolve.
- Filing suit – If no agreement, attorney sues in court.
- Trial – If agreement is not reached, the case is brought before a judge or jury.
Most cases are settled before trial, but preparation for court generally forces insurers to settle reasonably.
Missouri Dog Bite Case Example
A Kansas City youngster was bitten by a buddy’s dog while playing. The dog never bit anybody previously, yet the owner remained responsible under Missouri law. There were medical bills, counseling, and scarring included in the settlement. It demonstrates the way strict liability protects the victims even when the dog had seemed safe up to that point.
FAQs About Suing for Dog Bite Injuries in Missouri
1. How many years do I have to sue in a dog bite case in Missouri?
Five years from the date you were injured. Suing after that could close your case.
2. Can I sue if the dog never bit anyone prior to this point in time?
Yes. Owners are liable in Missouri whether or not the dog had a history of prior attacks.
3. What if I was bitten in someone else’s house?
You have a right to sue. Their homeowner policy typically pays you for your injury.
4. Can a child recover on a dog bite claim?
Yes, but through their parents or guardians.
5. How much can you recover from a dog bite?
Depending on medical bills, lost income, pain, and scarring. The awards differ according to the case.
Final Word
Dog bites can change lives in a moment. The victims have legal protection in Missouri, and Kansas City dog bite lawyers know how to fight for justice. You do have rights if you were attacked or if your loved one was attacked. Action can lead to compensation for treatment, lost time, and emotional healing.