It can be horrifying and distressing to get bitten by a dog. Medical expenditures can add up rapidly, causing financial hardship in addition to physical injury.
Under certain jurisdictions, there’s a chance that you might be eligible for compensation without needing to prove the dog had a history of aggression. Missouri’s strict liability dog bite laws differ from those of many other states, offering certain protections to victims.
In this article, we’ll discuss these laws and understand how they can help you seek compensation after a dog bite in St. Louis.
Strict Liability and Missouri’s Dog Bite Laws
FindLaw highlights that Missouri operates under a strict liability statute for dog bites. This means that, regardless of the behavior of the dog in the past, the owner is usually responsible for any damage the dog does.
The bite must have occurred on public land or when the victim was on private property with permission. This law relieves the victim of having to demonstrate that the dog’s owner knew the animal was likely to attack.
For example, imagine you’re walking in a St. Louis park and are suddenly bitten by an unleashed dog. Even if the dog has never attacked someone before, its owner will still be liable for your medical expenses under strict liability legislation. The purpose of this regulation is to incentivize dog owners to take care of and manage their animals.
Exceptions to Strict Liability
While strict liability offers significant protection, there are some exceptions. Forbes notes that if the bite occurred while trespassing on private property, the dog owner might not be held strictly liable.
Similarly, if you were provoking or teasing the dog, the owner’s liability might be reduced or even eliminated. It’s important to note that these exceptions can be complex, and consulting with a personal injury attorney can help.
For instance, if you were cutting through someone’s backyard as a shortcut and were bitten by their dog, strict liability might not apply. This is because you will be considered a trespasser in this situation.
Understanding “Lawful Presence” on Private Property
The Legal Information Institute highlights that it is legal for a landowner to forbid trespassers from entering their property by using reasonable force. Nonetheless, the landowner is liable for a trespasser’s injuries if the injuries are serious and the trespasser does not threaten the landowner.
However, at the same time, the law offers protection to those who are lawfully present on private property. This includes mail carriers, delivery personnel, guests invited by the homeowner, and individuals with the owner’s permission to be on the property.
However, if you were on the property without the owner’s knowledge or consent, the strict liability statute might not apply. Knowing whether you were lawfully present is crucial for your case. Let’s say you were attending a friend’s barbecue in St. Louis and were bitten by their dog.
Because you were invited onto the property, strict liability would likely hold the homeowner responsible for your injuries. However, if you entered a neighbor’s yard to retrieve a frisbee without their permission and were bitten, the situation becomes more complex. According to TorHoerman Law, consulting with a lawyer can help clarify your legal standing.
The Role of Bite Severity in Compensation
Missouri’s dog bite statute applies to any dog bite, regardless of the severity of the injury. However, the severity of the bite will likely play a role in determining the amount of compensation you can recover.
Most cases use the Dunbar Dog Bite Scale to assess the severity of the bite, which helps determine the extent of the injuries. Dogster states that this scale evaluates factors such as the nature of the bite, the extent of physical damage, and any psychological impact. The final compensation amount often reflects these considerations, aiming to address both the immediate and long-term effects of the injury.
Compensation claims will often be greater for more catastrophic injuries with substantial medical expenditures and long-term impact. A minor puncture wound might result in lower compensation compared to a severe bite that requires reconstructive surgery and physical therapy.
You can also include the psychological damage that resulted from the assault in your claim. To help your attorney present a compelling case, save all of your receipts, medical bills, and any documentation about the bite and your injuries.
FAQs
Is there any compensation for a dog bite?
Yes, compensation for a dog bite is possible. It can pay for lost income, medical costs, pain and suffering, and psychological discomfort. The compensation amount varies based on the injury’s severity. Other factors, such as long-term impacts, also influence the final amount.
Can I sue for a dog bite in Missouri?
Yes, you can sue for a dog bite in Missouri. The state’s dog bite statute allows victims to seek compensation for injuries caused by a dog, regardless of the dog’s history. Legal action can help recover damages and cover medical costs.
What is the Dunbar bite scale?
The Dunbar Bite Scale is a tool used to assess the severity of dog bites. It categorizes bites based on the level of injury and impact, ranging from minor to severe. This scale helps determine the appropriate compensation and guides legal and medical evaluations.
Dog bites can be life-altering events, and Missouri law offers protection to victims through strict liability statutes. This means dog owners are generally liable for bite injuries, regardless of the dog’s breed or past behavior.
However, exceptions exist, and the legal standing of the victim on the property is crucial. The severity of the bite also plays a role in determining compensation. Consulting with an attorney can help navigate the complexities of dog bite claims and secure fair compensation for medical bills and other damages.
