Yes, in most situations in Missouri, you can claim compensation for a dog bite. If you have been injured by a dog, state law provides a clear path for holding the owner accountable for the harm caused.
The experience of a dog attack is frightening and can leave you with physical wounds and emotional trauma. Understanding your rights can help you get the support you need to recover from the incident and move forward.
Key Takeaways
- Under Missouri law, a dog owner is typically held responsible for injuries their dog causes, even if the dog has never shown aggression before.
- Financial compensation for a dog bite can include payment for medical treatment, wages lost during recovery, and the personal suffering endured.
- Thoroughly documenting the injury, medical care, and the details of the attack is essential for building a strong claim.
- A person’s actions, such as provoking the dog or trespassing, can potentially impact the outcome of a compensation claim.
- Missouri law sets a specific deadline, known as a statute of limitations, for filing a personal injury claim related to a dog bite.
Understanding Missouri’s Dog Bite Law
When you are trying to figure out if you can claim compensation for a dog bite, it is helpful to know how the law works in our state. Missouri operates under a “strict liability” statute for dog bites. Strict liability is a legal term that simply means the dog’s owner is responsible for the injuries their dog causes, regardless of whether the dog had ever bitten someone or acted aggressively in the past.
This is an important protection for people in our communities, from Cape Girardeau to Poplar Bluff. It replaces an older, outdated concept sometimes called the “one bite rule,” which often required a victim to prove the owner knew their dog was dangerous. Thanks to Missouri Revised Statute section 273.036, the focus is now on the owner’s responsibility for their animal’s actions.
However, there are a couple of key exceptions to this rule. The owner may not be held responsible if the injured person was trespassing on the property or if they provoked the dog.
To make a successful claim under this law, a few things generally need to be shown:
- The person or entity being held responsible was the owner of the dog.
- The dog caused an injury by biting someone.
- The injured person did not provoke or instigate the attack.
- The person was on public property or lawfully on private property at the time of the bite.
Understanding these elements can help clarify your rights after an unexpected and painful encounter.
What to Do After a Dog Bite in Southeast Missouri
A dog attack can be disorienting. Once you have received immediate medical attention and are safely back home, taking a few organized steps can protect both your health and your legal rights. Your focus should be on recovery, but careful documentation will be very important if you decide to claim compensation for a dog bite.
- Follow All Medical Advice: Your health is the top priority. Attend all follow up appointments with your doctor, take prescribed medications, and follow instructions for wound care to prevent infection. This not only helps you heal but also creates an official record of your injuries and treatment.
- Document Everything: Keep a simple journal to track your recovery. Note your pain levels, any difficulties you have with daily tasks, and the emotional impact of the attack. It is also wise to take clear photos of your injuries as they heal over time. This visual record can be a powerful part of your story.
- Gather Important Information: As soon as you feel up to it, write down everything you remember about the incident. This includes the date, time, and location of the attack, a description of the dog, and the owner’s name and contact information if you have it. If anyone witnessed the event, ask for their name and phone number as well.
- Report the Bite: It is important to file an official report with the local animal control agency in your area, whether it’s in Scott County, Sikeston, or another SEMO community. An official report from an authority helps document that the incident occurred. You can often find resources on reporting through the Missouri Department of Health and Senior Services website, which provides guidance for protecting public safety.
- Keep Records of All Expenses: Start a folder where you can keep every bill and receipt related to the dog bite. This includes hospital bills, co-pays for doctor visits, prescription costs, and even mileage for traveling to your medical appointments.
These steps create a comprehensive record of how the dog bite has affected your life, which is fundamental to the claims process.
What Kind of Compensation Can I Claim for a Dog Bite?
When you file a claim for a dog bite, you are seeking compensation for the total impact the injury has had on your life. This goes beyond just the initial medical bills. The law recognizes that the harm is often financial, physical, and emotional. The compensation, often referred to as “damages” in a legal context, is typically paid by the dog owner’s homeowners or renters insurance policy.
These damages are usually separated into two main categories:
- Economic Damages: These are the specific, calculable financial losses you have suffered because of the injury. This can include things like all current and future medical bills, lost income from being unable to work, therapy or counseling costs for emotional trauma, and costs for any procedures to reduce scarring.
- Non-Economic Damages: These damages are for harms that do not have a precise price tag but are just as real. This category covers your physical pain and suffering, emotional distress such as anxiety or PTSD, permanent scarring or disfigurement, and loss of enjoyment of life if the injury prevents you from activities you once loved, like hiking at Trail of Tears State Park.
Putting a monetary value on pain and emotional trauma is complex, but it is a crucial part of ensuring you receive fair compensation for everything you have endured.
Who is Held Responsible for the Dog Attack?
In Missouri, the law points directly to the dog’s owner as the responsible party. But sometimes, identifying the “owner” isn’t as simple as it sounds. The person legally responsible for the dog might not be the person who was with the dog during the attack. Accountability can sometimes extend to others.
For example, a person who is caring for or “harboring” the dog, like a dog sitter or a kennel, could potentially be held responsible. In much rarer and more specific situations, a landlord might have some accountability if they were aware that a tenant’s dog was dangerous and posed a threat to others, but did nothing about it.
The key is to identify the individual or entity that had control over and responsibility for the dog at the time of the incident. For most dog bite claims, however, the legal and financial responsibility falls squarely on the dog’s registered owner through their insurance coverage.
Dealing with Insurers and the Insurance Claim Process
After a dog bite, you will likely be dealing with the owner’s insurance company. It is important to remember that the insurance adjuster who contacts you works for the insurance company, not for you. Their job is to resolve the claim for the lowest possible amount. They may be friendly and seem helpful, but their ultimate goal is to protect their company’s bottom line.
You may find the insurance adjuster will try to get you to provide a recorded statement right away, often before you even know the full extent of your injuries. They might also offer a quick settlement that seems tempting but may not cover your future medical needs or fully compensate you for your pain. Be cautious. Anything you say in a recorded statement can be used later to minimize your claim. It is often wise to wait until you have a clear understanding of your medical prognosis before discussing settlement numbers.
Handling conversations with insurance companies can be stressful. The Insurance Information Institute reports that dog-related injury claims cost insurers over $1.57 million last year, so these companies have a strong financial incentive to limit payouts. Having someone to advocate on your behalf can make a significant difference in these discussions.
FAQ for Claiming Compensation for a Dog Bite
Here are some answers to common questions people have after being injured by a dog.
What if the dog owner is a friend, neighbor, or family member?
This is a very common and difficult situation. Many people hesitate to file a claim because they do not want to cause financial hardship for someone they know. It is important to remember that a claim is typically made against the person’s homeowners or renters insurance policy, not their personal savings.
The purpose of this insurance is to cover exactly these types of incidents, allowing you to get the compensation you need for your medical bills without directly taking money from your friend or relative.
How long do I have to file a dog bite lawsuit in Missouri?
Missouri has a time limit, known as the statute of limitations, for filing personal injury lawsuits. Generally, you have five years from the date of the injury to file a case. While that sounds like a long time, it is crucial to act much sooner. Evidence can disappear, and memories can fade, so starting the process early is always the best approach.
Can I still claim compensation if the bite happened in a public place like a park in Sikeston?
Yes. Leash laws and local ordinances are in place to protect people in public spaces. A dog owner is responsible for controlling their animal, whether on their own property or out in the community. If you were lawfully in a public park, on a sidewalk, or in another public area, the owner is still held to the same standard of responsibility.
What if the dog just knocked me down but didn’t actually bite me?
You may still be able to claim compensation. Missouri’s strict liability law specifically mentions bites, but owners can also be held responsible for other injuries their dogs cause due to negligence. If an owner’s failure to control their dog, such as letting a large dog jump on people, leads to an injury like a broken bone from a fall, they can still be held accountable.
Does the dog have to be put down after it bites someone?
Not necessarily. This is a common fear for both victims and dog owners. The decision about what happens to the dog is typically made by animal control or public health officials, and it depends on many factors, including the severity of the attack, the dog’s history, and its vaccination status. A personal injury claim for compensation is a civil matter separate from any decisions made by animal control authorities.
Legal Support for Your Healing and Justice
A dog attack can shake your sense of security and leave you with serious injuries and mounting bills. Securing fair compensation can provide the financial stability you need to focus on what matters most: your health and well-being. It is also about holding the responsible party accountable and ensuring community safety.
At Cook, Barkett, Ponder & Wolz, our team understands the challenges you are facing. We have spent decades fighting for people across Southeast Missouri, and we believe that every client’s story deserves to be heard. We take the time to understand the full impact the injury has had on your life so we can build a strong case on your behalf.
If you or a loved one has been injured by a dog, let us help you understand your options. Contact our dedicated team today at (573) 335-6651 or through our online form for a free and confidential case evaluation.