What Missouri’s dog bite law says

Missouri has a dog bite law (RSMo 273.036). It makes the owner of a dog responsible when the dog bites someone without being provoked. It also covers a person who has the dog in their care. Lawyers call this strict liability.

Strict liability means you do not have to prove the owner was careless. It does not matter if the dog was friendly before. It does not matter if the owner had no idea the dog might bite. There is no “one free bite” in Missouri.

Provoking the dog, being allowed there, and shared blame

The owner may argue you provoked the dog. What counts as provoking is a question for a jury. Stepping near a sleeping dog by accident is not the same as hitting one on purpose.

Where you were matters on private property. A mail carrier, a guest, a delivery driver or an invited neighbor all have a right to be there. Someone who climbs a fence into a yard may not.

The dog bite law also allows shared blame. If you were partly at fault, your award goes down by your share. The comparative fault guide explains how.

When the dog knocks you down but does not bite

Some serious dog injuries have no bite at all. A large dog jumps on an older adult. A bike rider swerves to avoid a charging dog. A leash tangles around a walker’s legs.

The dog bite law covers bites. But it also says its remedies add to other remedies under Missouri law. So you may still have a claim for a non-bite injury. It would usually be a negligence claim. That means you would need to show the owner was careless in controlling the dog.

If a dog caused you to fall, the slip and fall page may also help.

Who pays for a dog bite

In many cases, the money comes from the owner’s homeowner’s or renter’s insurance. Whether a policy covers a certain dog depends on its terms. Some policies leave out certain breeds. Early on, the firm finds out who owned the dog, who had it that day, where it lived, and what insurance exists.

The law also says an owner found responsible must pay a fine of up to $1,000. That fine is separate from the money owed to you.

What to do after a dog bite

1. Get medical care. Bite wounds need cleaning. The record also ties the injury to the date.
2. Take photos of the wounds on day one and as they heal. Include any scars.
3. Get the owner’s name and address and a description of the dog. Ask about shot records.
4. Report the bite to local animal control. Keep the report number.
5. Write down where you were standing and why you were there.

Scars, especially on the face or hands, are part of the harm. So is a new fear of dogs that changes your daily life. Children are bitten often. Their injuries deserve the same careful records.

Your deadline to sue, and next steps

You generally have five years to file a lawsuit for a dog bite injury (Missouri law, RSMo 516.120). The deadline guide explains when the clock starts.

Harjot Singh Padda, JD meets with people hurt by dogs at the office on Woodson Rd. Your first meeting about an injury is free. If you hire the firm, you pay a contingency fee. A written agreement spells out the percentage and how case costs are handled.

Common questions

Related reading

• Personal injury cases in St. Louis
• Slip and fall claims
• How contingency fees work
• Cases in St. Louis County