Every year, hundreds of thousands of Americans are injured in dog attacks. Dozens result in death. While dogs may be known as "Man's Best Friend", they can also be your worst nightmare. Often, dogs become dangerous because of their environmental conditions. This includes their breeding, the way their owners treat them, and they way they are housed. Just like humans, dogs can become aggressive and dangerous when they are subjected to cruel conditions. When an individual treats an animal cruelly, they should be held liable for the harm that animal goes on to cause. Our law firm is highly experienced in representing individuals who have been injured due to a dog bite.
Call us today for a free consultation about your case at 888-956-2487.
How We Maximize Your Dog Bite Settlement
As described below, there are a number of laws which hold owners and possessors of dogs and animals liable when a dog bite occurs. However, showing that the dog owner has to pay is only half the battle. The bigger focus is on how much money must be paid to equal the amount of harm caused.
Our law firm routinely handles dog bite cases and we know how to maximize the value of these cases. Over the years, we have developed a protocol that maximizes the value of these cases. This protocol includes:
- Obtaining the police report;
- Obtaining the animal control bite report;
- Speaking with neighbors to discover if anyone else has been previously bitten;
- Using a subpoena to obtain all prior complaints to the police department or animal control department regarding the dog;
- Using a subpoena to obtain the animals veterinarian records;
- Deposing the dog's owners (and previous owners) to discover the animals history
Once we have have uncovered evidence regarding a violent past, we can begin to build the case for punitive damages.
Beyond the dog's history, we also make sure we are fully aware of all future medical treatment that may be needed for our clients. Often, this involves sending our client to a doctor for an estimate of additional medical treatment that may be necessary. Future treatments often include scar revision surgery, nerve reconstruction, skin graphs, etc. Moreover, animal attacks can often be a traumatic event that also necessitate psychiatric counseling, especially for young children. Thus, while the actual medical bills already incurred may only be hundreds of dollars, the full amount of medical bills yet to come may rise well into the tens of thousands. In order to settle your case for the most amount of money in the shortest amount of time, we find the medical experts who can attest as to what type of medical treatment will be needed in the future.
Missouri Dog Bite Laws
Many people mistakenly think that Missouri allows for one "free bite" meaning that the owner cannot be held responsible unless the dog has bit someone before. This is untrue. Missouri is a "strict liability" state meaning that a dog owner is automatically responsible for the injuries caused by his or her dog. There are several legal theories on which a Missouri Dog Bite Lawyer can proceed.
Strict Liability - RSMo. 273.036
Enacted at the end of 2009, this statute reads:
The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness. Owners and possessors of dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs. If it is determined that the damaged party had fault in the incident, any damages owed by the owner or possessor of the biting dog shall be reduced by the same percentage that the damaged party's fault contributed to the incident. The provisions of this section shall not apply to dogs killing or maiming sheep or other domestic animals under section 273.020.
This statute clearly holds that both the
owner
and/or
possessor
of a dog that bites someone is automatically liable for the injuries it caused, if, the person bitten did not provoke the dog bite.
Strict Liability - RSMo. 322.145
Another statute that escapes the attention of most insurance adjuster and even most lawyers is RSMo. 322.145. This statute reads:
The owner of an animal that bites or otherwise possibly transmitted rabies or any zoonotic disease shall be liable to an injured party for all damages done by the animal.
This statute was enacted in 2001 and strictly holds owners, not only of dogs but also of any animal, liable for the injuries caused by the bites. Thus, this statute can be used to recover damages for cat bites, horse bites, monkey bites, snake bites, spider bites, etc. Many insurance companies will argue that, if the bite occurred prior to 2009 (when RSMo. 273.036) was enacted, that you have to show that the dog owner was aware of prior vicious tendencies displayed by the animal in order for the owner to be liable. Again, this is untrue. Do not let the insurance adjusters tell you what the law is. Most times, they have no clue. Other times, they lie.
Dangerous Propensities - Vicious Propensities
In addition to the above statutes, Missouri law also holds that animal owners are liable if the owner had knowledge of the animal's "dangerous propensities" or "vicious propensities". This does not necessarily mean that the owner has to have been aware of a prior bite, only of prior actions by the dog or animal that would have given the owner an indication that it was likely to bite or injure someone in the future.
Given Missouri statutes 273.036 and 322.145, there is little use to proceed under a "dangerous propensities" theory to hold a dog owner liable. However, if there is a history of prior bites, it is often a good strategy to proceed under this theory as there is often a good case for punitive damages as well.
City Ordinances - Leash Laws
Another legal theory sometimes used by Missouri Dog Bite Lawyers is based on city ordinances and leash laws. Many cities and counties have ordinances requiring dogs to be kept within a fenced yard or on a leash. When a dog bite occurs off the owner's property and dog was not restrained by a leash, it is prudent to check the local ordinances to see if there is a leash law violation.
Most Dangerous Types of Dogs
Over the years, we have routinely seen the same types of dogs involved in dog attacks. These often include:
- Pits Bulls
- Rottweilers
- German Shepards
- Huskies
- Alaskan Malamutes
- Doberman Pinschers
- Chow Chow (Chows)
- Presa Canarios
- Boxers
- Dalmations
Call Us For a Specialized Dog Bite Lawyer - 888.956.2487