Dog Bite Lawyers St. Louis and Missouri

When a dog bites someone it is either because they feel threatened or because they are a poorly trained animal, and these bites often leave serious injuries. A dog bite should immediately be seen by a medical professional to ensure that you aren't at risk of infection or disease. Here are several types of injuries that can arise from a dog bite:

• Puncture Wounds - Dogs, by nature, have sharp canines designed for puncturing skin. When a dog bites, they use these teeth to cause wounds that can cause serious bleeding if not seen to immediately.
• Broken Bones - Larger breeds of dogs have extremely strong jaws, and when they bite, they can do a tremendous amount of damage. Larger breeds are also known to have the ability to break bones when they bite.
• Infections - Dogs will eat just about anything, and that includes trash, food found on the floor or outside and food that could be several days old. Their mouths are full of bacteria that can cause infections when the dog bites someone.
• Diseases - In rare cases, a dog can transmit rabies and other diseases to a human when they bite. This is why it's always critically important to see a doctor after any dog bite.

If you've been bitten by a dog in St. Louis or Missouri, it is important to your health and your welfare that you immediately speak with a Dog Bite Lawyer in St. Louis. We can help you get the care you need and deserve for your injuries.

Missouri Dog Bite Laws

You may be entitled to compensation under the Missouri dog bite statute, R.S.Mo. § 273.036, if you suffered injury due to a dog bite.

R.S.Mo. § 273.036 provides that 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.”

To prove that a dog owner is liable under the statute, an injured person must show:

• A dog bite and resulting injury
• The injured person did not provoke the dog
• The injured person had a lawful right to be in the place where the dog bite occurred

This is a strict liability statute, meaning the dog owner is liable regardless of whether he or she took reasonable care to prevent the dog bite, such as restraining the dog.

The statute also prescribes a $1,000.00 fine to a dog owner held liable for a dog bite, in addition to any other damages the injured person can prove.

A person injured from a dog bite is entitled to compensation for medical expenses, lost income (if they are unable to work), pain and suffering, and property damage.

Common legal defenses to liability under the Missouri dog bite statute include provocation and trespassing. If the dog owner can prove the injured person provoked the dog, such as by petting or startling the dog, then the injured person may not be able to recover. Similarly, the injured person may not recover under the statute if the dog owner can prove the injured person was trespassing on private property at the time of the bite.

Notice that the Missouri dog bite statute only covers dog “bites.” So, what happens if you are injured when a dog jumps on you and knocks you down, or otherwise attacks you but does not bite you? The Missouri Supreme Court has held that a claim in ordinary negligence may be asserted to recover for harm caused by domestic animals that are not abnormally dangerous. Duren v. Kunkel, 814 S.W.2d 935 (Mo. banc 1991). So, to recover damages for a non-bite injury caused by a dog, you may bring a negligence claim based on premises liability.

In dog attack cases based on premises liability, the elements of proof are dictated by the entrant’s classification as either a trespasser, licensee or invitee. Carter v. Kinney, 896 S.W.2d 926, 928 (Mo. banc 1995). An entrant is deemed a trespasser unless the possessor of the land has given the entrant permission to enter. Id. One who enters the premises of another with permission is a licensee, unless the possessor has a sufficient interest in the visit that it is reasonable to assume that the possessor has made the premises safe for the visit, in which case the visitor is deemed an invitee. Id.

Generally, the possessor owes a trespasser no duty of care; a licensee the duty to make safe dangers known to the possessor; and an invitee the duty to exercise reasonable care to protect him or her against both known dangers and those that would be revealed by inspection. Id.

Thus, in a dog attack case pled on a premises liability theory, the dog owner is subject to liability for harm to licensees if the dog presents a foreseeable danger to a licensee of which the dog owner is aware; and a dog owner is subject to liability for harm to an invitee if the dog presents a foreseeable danger to the invitee of which the dog owner knows or should have known. Wilson ex rel. Wilson v. Simmons, 103. S.W.3d 211, 219 (Mo. App. 2003).

In a dog attack claim based on premises liability, the dog owner will often raise the defense of comparative negligence. Under Missouri law, the injured person’s damages are reduced if he or she was partly responsible for their injuries. Furthermore, if a jury determines the injured person was more than 50 percent responsible for the incident, he or she will not be allowed to recover any damages.

In Missouri, under the statute of limitations an injured person has five years from the date of the dog bite to file a lawsuit.

Missouri dog bite claim example

Illinois Dog Bite Laws

Illinois dog bite laws provide a legal remedy for those injured by dog bites and attacks.

Illinois statute 510 ILCS 5/16 states, “If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”

To prove that a dog owner is legally liable under this statute, an injured person must show:

• A dog attacked or injured the person
• The person had a lawful right to be in the place where they were attacked
• The person did not provoke the dog
• The person was acting peaceably

Illinois is a strict liability statute, meaning the dog owner is legally responsible for a dog attack regardless of whether the dog acted viciously in the past or previously attacked someone. Note that the statute covers all injuries caused by a dog, not just bites. So, for example, if a dog jumps on you and knocks you down, the dog owner is still liable for your injuries under the statute.

A person injured by a dog attack is entitled to compensation for medical expenses, lost income if unable to work, pain and suffering damages, and loss of personal enjoyment damages.

Common legal defenses to liability under the Illinois dog bite law are provocation and trespassing. If the dog owner can prove the injured person provoked the dog, such as by petting or startling the dog, then the injured person may not be able to recover. Similarly, the injured person may not recover under the statute if the dog owner can prove the injured person was trespassing on private property at the time of the bite.

In Illinois, under the statute of limitations a person injured from a dog bite or attack must file their personal injury lawsuit within two years from the date of the bite or other injury.

Illinois dog bite claim example