legal advice

It has been figured there are an estimated 4.7 million dog bites and dog attacks per year. The number continues to grow year after year as designer breeds become more popular. It has been further estimated that more than 800,000 of the dog bite injuries require medical attention.

For dog bite victims, medical bills are often well into the thousands of dollars. In addition to the significant bills, dog bite injuries often leave significant wounds and traumatizing memories. It is common for dog bite victims to be scared of dogs following an attack. What used to be known as a lovable animal is now viewed as a vicious creature.

Dog bite lawsuits in Missouri usually mean following the common law. Some Missouri personal injury attorneys say Missouri follows the one bite rule. Pursuant to the one bite rule, if your dog has never bitten anyone before, you are not typically found liable the first time your dog attacks.

Previous vicious propensities or dangerous behavior may be enough to satisfy the Missouri dog bite law. Dog bite cases are extremely fact specific. In this situation, the Plaintiff must show the dog owner knew or should have known of the dog's dangerous or vicious propensities.

Missouri dog bite cases are sometimes filed as premises liability cases. In this situation, the Plaintiff would argue the biting dog created a dangerous condition on the premises.

In addition, dog owners can be found liable if their dog attacks while they are violating a law or ordinance. For instance, if the dog owner violates a leash law they could potentially be held negligent per se for said violation.

For example, in Jensen v. Feely, the Missouri Court of Appeals, Western District, held negligence per se exists where there is a city leash law, and an unleashed dog bites someone.

In that case, an Independence, Missouri ordinance set out, "It shall be unlawful for the owner of any dog or cat to let such dog or cat run at large at any time." At large is further defined to include when any dog/cat is found on property other than its owner/keeper's unless it is leashed by a person capable of controlling the animal.

The Plaintiff was on a public street when Defendant's unleashed dog bit Plaintiff. Plaintiff sued to recover damages claiming negligence per se; Defendant denied liability.

Negligence per se does not require duty, breach, and causation be proven like a general negligence claim. Because an ordinance or law is implemented to protect a certain class of persons, like the plaintiff here, a violation of that ordinance that results in injury automatically creates a claim. This is because the ordinance in itself creates a duty and a violation of that ordinance creates the requisite breach.

The court in Jensen found that the ordinance imposes a duty of reasonable care to restrain dogs on public streets. Further the court found that this duty intends to allow those injured by a breach of such to seek compensation. This means the owner of an unleashed dog that bites where a leash law exists will generally be found liable for injuries resulting from violating the leash law.

As stated, there are several ways for a Plaintiff to succeed in a Missouri dog bite claim. Dog bite victims can potentially recover damages for their injuries, medical bills, pain, suffering, lost wages, and any damages that may arise in the future.