Dog-Bite Rules in Missouri

The Missouri legislature passed a law in 2009 that changed existing dog-bite rules. Prior to the change in the law, a dog owner had a chance to prove that he or she had no prior knowledge of the animal's biting behavior. The law now is weighted toward protecting the bite victim, not the pet owner.

  1. "One Bite" Law

    • Many states, including Missouri until 2009, follow the "one bite" law. This law means that if the victim of a dog bite sues the owner, she must be able to prove the dog had a history of biting. The victim has the burden of proof in showing the dog was a known biter. This law is weighted toward protecting the owner, sometimes at the expense of the victim.

    Missouri Statute 273.036

    • Missouri statute 273.036 has changed from this "one bite" law. It now requires the owner of the biting dog to be liable for any injuries or property damage. The victim no longer needs to prove that the dog was a known danger. He has the right to sue for any damages caused by the attack. He may also receive compensation for any injuries incurred during the incident. Additionally, he can ask for financial recompense for medical expenses, pain, lost wages and emotional trauma caused by the dog's assault on him.

    Exceptions

    • The victim of a dog bite does not have to prove prior dangerous behavior in the animal. However, if it can be shown the victim provoked the dog, she cannot sue the dog owner. Moreover, if the victim was trespassing on private property when the attack occurred, she will not have a case. The dog owner will need to seek an experienced lawyer to advocate for him. This is especially true with the new law. The burden of proof now lies with him; he will need to prove provocation or trespass in order to not be found responsible and liable.

    Advocacy

    • The victim of an attack by a dog may want to seek the advice of a lawyer who is familiar with the new dog-bite laws. These lawyers should be aware of tendencies of various dog breeds. Basically, the attorney needs to be experienced and knowledgeable in this specialty. If the victim cannot afford up-front fees, he should seek a lawyer who will give a free initial consultation and not charge retainer hourly fees. In this case, the attorney will be paid a percentage of the amount she recovers for her client.