Missouri Dog Bite Law

Missouri does not have a state law that specifically covers dog bites. That means the law on the owner's legal liability for dog attacks is governed by the common-law "one-bite rule," which says that owners are not usually liable the first time a dog bites or otherwise attacks a person. If the dog has attacked a person before and the owners know about it, they are considered liable for any further attacks, because they know of the dog's dangerous propensity to attack without warning, and should have taken steps to prevent it.

There are multiple exceptions to the one-bite rule. Dog owners may still be found liable for the first bite if:

• They intentionally ordered the dog to attack.
• They helped cause it with reckless or negligent behavior, such as violating a leash law or letting the dog roam free.
• The dog has been trained to fight.
• They know the dog is dangerous for reasons other than a previous bite, such as a propensity to growl and snap at people in public or a history of chasing vehicles.
• The dog is of a breed known to be aggressive.

Whether or not an owner is liable under the one-bite rule, he or she may still be liable for negligence -- the failure to use reasonable care to prevent a foreseeable attack. Neglecting and abusing the dog, which is known to make dogs more aggressive, is an example of negligence by an owner. Negligence could take many forms, and often depends on the circumstances, which is why it is important to consult a qualified dog bite attorney if you're considering legal action. However, if owners break a law (such as a leash law) and it leads to an attack, they are more likely to be found negligent than owners who did not break any laws.

The cities of Springfield and Kansas City have municipal laws that specifically address the issue of dangerous dogs. In Springfield, if animal control officials decide a dog is dangerous, they may order licensing, confinement, spaying or neutering, liability insurance or euthanasia for that dog. Kansas City heavily regulates dogs that have been deemed dangerous by its animal control authorities. Owners aged 18 or older may keep only one dangerous dog in Kansas City, and must license and register that dog. In order to earn registration, the owner must show that the dog is kept enclosed, with a written notice warning others of the dog's danger; that it wears a muzzle outside of its enclosure; that there is a microchip from Animal Control inside the dog; and that they have liability insurance for at least $100,000. In both cities, ignoring those orders or otherwise knowingly harboring a dangerous dog leads to both criminal charges and civil liability.

The St. Louis law firm of PageCagle has extensive experience in handling dog bite cases in the state of Missouri. If you are thinking of filing a personal injury lawsuit over a dog attack, our attorneys can help you evaluate your case.

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