Legal Rights of Dog Bite Victims

If you have been attacked and seriously wounded by a dog, you have rights. Depending on the circumstances of the attack, the dog may be impounded or "put to sleep" and its owner may be criminally liable. But no matter where it took place, you have the right to hold the dog owner civilly liable; that is, to sue the owner in a court of law to recover financial damages for your injuries, past and future medical bills, lost work and emotional trauma.

In the State of Missouri, there is no state law holding owners criminally responsible for a dangerous dog's attack on a human. Two cities, Springfield and Kansas City, allow criminal charges against a dangerous dog's owner. In those cities, a victim (or any concerned party) has the right to notify authorities of a dangerous dog. After a hearing, the dog may be impounded, destroyed, or returned to its owners with orders to heavily regulate its contact with strangers. If owners fail to comply, they are guilty of a misdemeanor and may be fined, imprisoned or both.

Civil liability of owners and handlers of dangerous dogs applies to everyone in Missouri (and all other states), but it's also more complicated. Missouri and 18 other states are "one-bite states," meaning you only have the right to sue dog owners if they knew the dog had attacked before. But even if the dog has never attacked someone, an owner may have warning that the dog was dangerous in other ways, such as growling at people without provocation. And if the owners of the dog that attacked you aren't liable under the one-bite rule, they may still be liable for negligence -- unreasonable lack of care -- in handling and housing the dog. Negligence may include violations of the law, such as a leash law, as well as simple lack of attention to detail, such as forgetting to close a gate. If any of those are the case, you may still sue the owner.

Dog attacks can cause serious, life-changing injuries and even disabilities, including crushed bones, nerve damage and permanent facial scarring. They can also cause emotional trauma that spreads throughout the victim's life, eating away at his or her ability to function and thrive. You have the right to ask for compensation for your injuries, including damage to your physical and mental health, your finances and your future prospects.

But different circumstances may change how the law applies and the statute of limitations on your case may be short. If you’re thinking of filing a legal claim, it’s important to get the advice of an experienced dog bite attorney. The attorneys at PageCagle have handled many dog attack law suits and can help you make an informed decision about your own case.

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