Is Missouri a strict liability state for dog bites?
Yes, since 2009. Missouri Revised Statutes section 273.036 makes the owner or possessor of a dog that bites without provocation strictly liable for your damages. The dog's past behavior and what the owner knew about it do not matter.
The bite must happen on public property or while you were lawfully on private property. That includes the owner's own house and yard. A trespasser cannot use this statute.
Possessor is the key word. If a friend, a dog walker or a boarding kennel had the dog when it bit you, that person can be held liable too. The same section adds a fine of up to $1,000 for anyone found liable and it says these remedies stack on top of any other claim the law allows.
Missouri dog bite statute of limitations
Five years is the general deadline. RSMo 516.120 sets that period for an action upon a liability created by a statute. It sets the same period for any other injury to the person not covered elsewhere. So a strict liability claim and a negligence claim share one clock.
Five years can make people relax. Insurance adjusters do not pause the deadline by talking with you and medical records and witness memories are freshest in the first months.
If a child was bitten in Missouri
Missouri protects minors longer than most states. Under RSMo 516.170, a person under 21 when the claim arises may bring it within the normal period after that disability ends. For a bite claim, that means up to five years after the 21st birthday.
The court notes printed with that section describe a case where the clock stayed paused until 21 even though the plaintiff could have sued at 18. Parents can still act sooner and early action keeps the proof intact. Read more about claims for a bitten child.
How your share of fault cuts the award
The dog bite statute has its own fault rule. If the bitten person had some fault in the incident, the owner's payment drops by that same percentage. It does not drop to zero.
That matches the state's general approach. In Gustafson v. Benda, the Supreme Court of Missouri decision, the court adopted pure comparative fault. A jury compares everyone's conduct and reduces your award by your share.
Provocation is different. A bite you provoked falls outside section 273.036 altogether, so expect questions about what happened just before the dog moved.
Defending yourself from the dog
People often fear being sued for hurting a dog that attacked them. RSMo 273.033 gives an absolute defense to anyone who kills or injures a dog while in reasonable fear of imminent harmful contact. It also covers someone protecting another person from the dog.
A Missouri dog bite lawyer can work out who had the dog and which policy covers it. Homeowner, renter and business policies can all be in play and sorting that out early helps.
How to report a dog bite in Missouri
Report the bite to your local animal control or health department. The Missouri Department of Health and Senior Services, Rabies page sets out the next steps.
Before you sign with anyone, check that the attorney is licensed: use the The Missouri Bar lawyer directory.
