Kansas City Dog Bite Laws

Many households in Missouri cherish their dogs for their loyalty and ability to bring joy, and sometimes provide protection. The consequences of pet ownership can escalate significantly when someone’s canine companion displays aggressive behavior, leading to physical injury and emotional distress, along with legal ramifications. People living in Kansas City, Missouri, need to know the Kansas City dog bite laws, whether they own a dog or have suffered a bite.

Missouri’s Strict Liability

Missouri implements a strict liability statute for dog bite incidents. Missouri Revised Statutes § 273.036 mandates automatic dog owner liability when:

• Their dog bites someone.
• The victim was present on public property or inside private property with permission.
• The victim did not provoke the dog.

Under this law, victims do not need to demonstrate owner negligence or show prior aggressive behavior from the dog. Simply put, Missouri law makes a dog owner financially responsible for any bite their dog causes within the state, regardless of whether the dog has previously displayed aggressive behavior.

Penalties and Compensation

Dog owners in Missouri face penalties that go beyond civil liability when their dogs bite people. Owners risk a hefty fine when their dog attacks a person. Civil damages represent the main worry for most dog owners.

According to the American Pet Products Association, 68 million American households own dogs. In 2020, there were a total of 373 reported dog bites in Kansas City, MO, with most of them (195) coming from pit bulls or pit bull mixes from January to November.

Victims who suffer dog bites may be entitled to compensation to help them with their injuries. Some of these damages include:

• Medical expenses, including surgeries and hospital stays
• Emotional trauma
• Physical pain
• Lost wages, if the injury prevents them from working
• Loss of future earning potential if the injury causes permanent damage that affects the victim’s ability to work
• Rehabilitation costs
• Physical therapy
• Long-term disability
• Disfigurement

Homeowners’ and renters’ insurance policies usually provide coverage for dog bite incidents. Insurance firms might exclude certain dog breeds from their policies and refuse claims for dogs with documented aggressive pasts.

Liability for Non-Bite Injuries in Missouri

Missouri’s strict liability legislation addresses dog bites but excludes other forms of dog-related injuries. Different legal standards apply to injuries where someone is knocked over or experiences a scratch or a trip and fall. Missouri turns to the established common law framework of negligence to handle these legal cases.

Victims pursuing legal action against dog owners for non-bite injuries must show the owner had an obligation to maintain reasonable control over their dog but failed to uphold this obligation, resulting in the injury. In legal cases, courts examine the extent of the owner’s knowledge regarding their dog’s behavior patterns.

For example, a dog owner may face negligence charges when their dog, a known runner, hits a jogger because it was permitted to run loose in a crowded park. An owner may face legal responsibility for any harm caused by their pet’s known risky habits, even if those behaviors aren’t aggressive in nature.

Legal Defenses to Dog Bites

Dog owners can use defenses despite Missouri’s stringent legal requirements. The two most frequent legal defenses against dog attack claims include trespassing and provocation. The strict liability law does not cover situations where the injured party was illegally present on the dog owner’s property. The law requires owners to follow fewer obligations when someone trespasses, but courts often provide special treatment for child trespassers because they cannot properly recognize danger.

Provocation is another strong defense. An owner might escape liability if someone provoked or startled their dog into attacking. Missouri courts decrease victim compensation when the victim’s actions contributed to the incident under the comparative fault rule.

For example, a jogger who texts while running and trips over an unleashed dog could share responsibility for any resulting injuries. The details of dog bite regulations in Missouri create a balanced legal system that protects both injured parties and responsible pet owners.

The Jackson County Circuit Court (16th Judicial Circuit) serves as the filing location for most dog bite injury claims. Missouri’s strict liability dog bite statute allows plaintiffs to seek compensation for medical bills and pain and suffering.

FAQs

What Is the Dog Bite Rule in Kansas?

Under Kansas law, the “one-bite rule” protects dog owners from liability for an initial bite unless they were aware of the dog’s aggressive nature. In order to succeed in their claim, victims must demonstrate that the dog owner had previous knowledge about the dog’s aggressive tendencies or failed to control the animal properly during the attack.

Does Missouri Have a One Bite Rule for Dogs?

No, Missouri does not have a one-bite rule for dogs. Instead, it uses a strict liability standard. Under the strict liability standard, dog owners face automatic responsibility for their dog’s bites if the victim entered the property legally and did not provoke the dog. Proof of the owner’s knowledge about the dog’s dangerous nature is not required from the victim.

Can My Dog Get Taken Away for Biting?

Yes, your dog can possibly get taken away for biting. Missouri legislation allows authorities to seize and impound dogs that attack people and intensifies this action for dogs with previous biting records. A dog that seriously injures or kills a person may be declared “dangerous,” which could lead to euthanasia unless the owner wins an appeal against this decision. In serious situations, an owner may face criminal charges.

What Is the Protocol After a Dog Bite?

The protocol after a dog bite is as follows: The dog bite victim must receive medical treatment immediately and notify local authorities about the incident while documenting any injuries. Health officials might quarantine the dog to monitor it for rabies symptoms. Missouri’s strict liability law enables victims to file legal claims in cases of dog bites. Depending on the situation, owners risk fines and civil claims as well as animal control hearings.

Contact Northland Injury Law Today

If you suffered a dog bite in Kansas City, a lawyer at Northland Injury Law can help you seek the compensation you deserve. Contact us today to get started.