Missouri Dog Bite Laws

According to the Centers for Disease Control and Prevention, around 4.5 million people get injured by dog bites each year. From 2011 to 2021, there had been 568 deaths caused by dog attacks. Missouri reported 2,700 dog bites in 2016, with children being the most common victims. 

Dog bites may cause not only serious injuries but also financial stress due to the ensuing cost of medical treatment and other expenses. If an owner fails to look after or restrain their dog and the pet bites you, one of the ways you get compensated for your injuries is through filing a claim.

It is important to understand what you can do if you get bitten by a dog. This article examines Missouri's dog bite legislation, including liability standards, the statute of limitations for filing a dog bite lawsuit, and the penalties a dog owner may face.

Dog Owner Responsibilities in Missouri

Missouri law defines an owner as any person who keeps an animal, such as dogs and cats. A 'person' in this context does not just pertain to individuals but also corporations, estates, and other legal entities.

An owner is responsible for giving proper care and control to their pets. To keep dogs healthy, they must provide basic needs such as food, water, healthcare, and shelter. 

Furthermore, they must reasonably keep an eye out or restrain their pet so that they do not get bitten, or other people and animals, or cause damage to property. If the dog owner is a minor, the parent or legal guardian is held responsible for the pet's care. 

There is no statewide leash law implemented in Missouri. However, various municipalities have their own ordinances on leashes. 

Pet owners in St. Louis, for example, are required to keep their pets on a leash whenever they leave the property. They can only be off-leash in city-designated dog exercise parks. 

In Kansas City, dogs are not allowed to run at large and must either be restrained by a leash or a chain. Meanwhile, pets are required to be kept on leashes not longer than 10 feet and must be under supervision at all times while roaming around Missouri State Parks. 

Breed-Specific Legislation in Missouri

While Missouri does not have any statewide legislation banning specific breeds, most cities have ordinances that ban pit bulls. These include Springfield, Berkeley, Fayette, Montgomery City, and New London. 

Other cities have regulations that either classify pit bulls as dangerous or require dog owners to fulfill certain conditions. 

Kansas City, for instance, requires owners to sterilize their pit bulls. Bellefontaine Neighbors has included pit bulls in the category of dangerous animals. 

Camdenton, meanwhile, restricts dog owners to only keeping three dogs at maximum, and only one of them can be a pit bull.

There have been bills filed to lift the ban. One of them is SB 697, which prohibits villages, towns, cities, and counties from imposing breed-specific regulations on dogs. 

Thus, starting January 1, 2024, all ordinances regulating specific breeds are to be considered null and void. Instead, local governments can regulate dogs within specific boundaries (such as prohibiting them from running at large) and not aimed at a particular breed. 

Liability Standards in Missouri Dog Bite Cases

Missouri used to follow the one-bite rule, which states that a dog owner can only be held liable for injuries caused by dog bites if their dog had previously bitten someone. 

Since August 2009, the state has used strict liability in determining who is accountable. It points to the dog owner as the one strictly liable for injuries suffered by the victim, even if the dog has no history of biting and they have used measures to restrain the pet. They are also strictly liable for any damages to property or livestock caused by their dog. 

In cases where a plaintiff is partially responsible for their dog bite injuries, they can still file a claim, as Missouri uses the pure comparative fault system when determining culpability. A dog owner can claim negligence to reduce their liability if they can prove the injured party’s fault.

For example, a plaintiff went to the dog owner's property with permission to play with their dog. They got unintentionally too rough while playing, causing the dog to bite them. 

If it is proven that the plaintiff is partly responsible for their injuries, then the damages that the owner needs to pay will be decreased based on the plaintiff's percentage of fault. 

If a plaintiff engaged in or attempted to do a criminal activity, the dog owner could not be held civilly liable for any injuries the dog caused. If the plaintiff was trespassing, the owner would not be liable if they were simultaneously committing or attempting to commit other illegal acts. 

If you want to know if you have a dog bite claim, you may contact a lawyer. 

Statute of Limitations in Missouri for Dog Bite Cases

Dog bites fall under personal injury. In Missouri, you have five years from the date of the injury (in this case, the date the dog bite occurred) to file a claim. To avoid the court dismissing your case, you must submit it by the deadline.

If the statute of limitations has passed, you will likely be barred from obtaining compensation, even if you have sufficient evidence to support your claim. 

Civil Penalties for Dog Bites in Missouri

A dog that has previously bitten someone or has not bitten anyone but has caused serious injury or death will be seized immediately by the county sheriff or an animal control authority. It will be impounded for 10 business days. The owner can contest the impoundment by filing an appeal with the circuit court. 

The dog owner will also have to pay a $1,000 fine. Note that this is separate from the fine they will need to pay if they are criminally charged with owning a dangerous dog, which is discussed in the next section. 

Criminal Penalties for Dog Bites in Missouri

Individuals who break any provision of Missouri's dog bite laws will also face criminal charges if they own dangerous dogs. The circumstances surrounding the incident determine the severity of the sentence. 

For example, someone kept a dangerous dog with a history of biting somebody and then biting another. If nothing serious occurred, the individual will face a class B misdemeanor. However, if the following happened, the charge would be escalated:

• If the dog bite causes serious injury to anyone, the owner will be punished with a class A misdemeanor.

• If the dog, which has previously bitten someone and resulted in serious injury, bites another person and also causes serious injury, the owner will be charged with a class E felony.

• If the attack resulted in a person's death, the owner will receive a class D felony. 

When convicted, the owner will receive a prison sentence ranging from six months to seven years, depending on the verdict. They will also need to pay a fine of up to $2,000. 

Reporting and Handling Dog Bite Incidents

If you were bitten by a dog, you must immediately seek medical attention, whether the injury is minor or serious. 

You must also report the incident to the authorities (ex., Animal Control units or law enforcement) based on the city or county where the attack occurred within 24 hours. 

If you were bitten by a dog in Kansas City, for example, you must report what happened to the Kansas City Animal Health and Public Safety Department by calling 311. If the attack happened in St. Charles County, you must report it to the St. Charles Division of Humane Services by calling 636-949-7387. 

You can also report the incident to the Missouri Department of Health and Senior Services. You must fill out relevant documents, such as the Disease Case Report and the Animal Bite/Injury Supplemental Case Report.

How To Find a Dog Bite Attorney in Missouri

It is always important to evaluate what options are available when a dog bites you or a loved one and causes serious injuries.

Even with insurance, navigating the state's laws can be difficult, and your chosen insurance company may refuse to compensate for damages. 

It is recommended that you speak with a dog bite attorney. They can help explain the legal complexities of Missouri’s dog bite laws. In addition, if you cannot reach an agreement with the dog owner, they will represent you in court. 

Other Resources for Dog Bite Victims in Missouri

The Missouri Bar

The Missouri Bar is dedicated to helping the public by enhancing the administration of justice and providing programs and services. It has an online directory where users may find a lawyer suitable for their legal needs. Its attorneys cover a wide range of practice areas, including personal injury, criminal law, and probate. 

Missouri Courts

Missouri Courts is the Judicial Branch's website, which contains information about the state's courts, including the Supreme Court, Court of Appeals, and local courts. It has created a comprehensive set of civil and criminal court forms for the public, including small claims forms and filing information sheets. The website also allows users to keep track of pending cases and discover courts and judicial staff. 

Missouri Free Legal Answers

Missouri Free Legal Answers is an advice clinic where people who want to understand legal issues can ask questions. A qualified pro bono attorney will respond to concerns about a variety of topics, including civil rights, employment, health and disability, divorce, and consumer rights. Individuals may apply online.