Dog Bite Prevention Week: Your Legal Rights
The second week of April is Dog Bite Prevention Week, which is a perfect time to remember that when the weather gets warm, people become more active outdoors, which increases interactions between people and dogs. According to the American Veterinary Medical Association (AMVA), every year almost 4.5 million people are attacked by dogs across the United States. It’s for this reason that the Kansas and Missouri dog bite lawyers at Patterson Legal Group have prepared this helpful guide.
The One-Bite Doctrine in Kansas
In Kansas, the “one-bite doctrine” applies in dog attack cases. In its simplest form, the one-bite doctrine refers to the common law rule that an animal’s owner cannot be held liable for a bite incident until they have been warned of their animal’s behavior. Thus, under the Kansas one bite rule, an owner of a dog is liable for any injury caused by their dog only if they had knowledge of their pet’s propensity to attack.
In Kansas, the plaintiff needs to prove that the owner knew about the animal’s behavior, either directly from another bite or indirectly from past experiences of the dog’s actions towards other people. For instance, a dog owner is considered to have knowledge of their pet’s behavior if the dog is known to have a history of growling, threatening attacks on people, lunging, or chasing after people.
Kansas also employs modified comparative fault rules. In cases where the plaintiff is determined to be at least 50 percent at fault for the event–say, because he provoked the dog–recovery will be denied altogether. Accepted claims often hinge on proving that the plaintiff provoked the dog and/or that he trespassed.
Dog bite cases must be filed within two years of the incident in Kansas.
Strict Liability Dog Bite Cases in Missouri
The state of Missouri takes an entirely different stance on dog bite laws. According to Missouri Revised Statute §273.036, dog owners are strictly liable for the actions of their pet if that animal has bitten another person, even if that has never happened before, and even if the owner has never been warned about any aggressive behavior.
In order to bring a dog bite case in Missouri, you’ll have to demonstrate only three elements: that the dog bit you, that you were either in a public place or lawfully on the owner’s private property, and that you didn’t provoke the dog in any way.
The doctrine of strict liability is advantageous for victims compared to that of Kansas, although there are always defenses available. Under Missouri dog bite liability, the owner can claim that the victim either provoked the dog or trespassed on their property when attacked. Missouri employs a pure comparative fault system, which means that even if the victim is responsible in part, they can still claim damages.
A dog bite victim in Missouri has up to five years to make a claim after the accident.
What to Do after Being Bitten by a Dog
Whether your dog bite took place in Corby Dog Park or Naftzger Bark Park, the first actions that you take after being bitten by a dog will determine how successful your personal injury lawsuit will be. These actions include the following:
- Go to the hospital immediately, regardless of how severe your injuries seem. There is a high chance of infection with a dog bite, and your medical records will be crucial evidence.
- Notify animal control or law enforcement authorities about the incident. Creating an official record will give you valuable documentation that will strengthen your case.
- Take photos. Document all your injuries, the location of the incident, and the dog if possible. Obtain information about the dog owner and witnesses to the accident.
- Avoid talking to the dog owner’s insurance company without your lawyer. The insurance adjuster will try to downplay the severity of your situation and force you to settle your case quickly.
Dog Bite Prevention Week: Why Legal Representation Is Necessary
For a claim to be successful, one must investigate the dog’s past, interview witnesses, analyze records from the relevant animal control departments, and anticipate possible defense arguments that the insurance company may make on behalf of the dog’s owner. Victims would most likely be left in the lurch without the help of a lawyer, as insurance adjusters know exactly how to counter claims.
Missouri operates on a strict liability system where even though the standard required is lower than in other states, insurance companies do their best to avoid making substantial payments by presenting arguments of provocation, trespass, or comparative negligence. In such instances, it’s important to have a personal injury attorney on your side to maximize your compensation.
Here to Help On Dog Bite Prevention Week and Beyond
Dog Bite Prevention Week is a time when we’re reminded that dog bites are unfortunately common and that those who experience such an incident have rights. If you’ve been the victim of a dog bite in either Kansas or Missouri, contact Patterson Legal Group today. Our dedicated team of litigators and trial lawyers has a proven track record of success in securing compensation for those in Missouri, as well as in Kansas, Oklahoma, and Colorado. We will fight for you every step of the way.
Get started today with a free consultation by calling us at 888-687-2400 or going online through our secure contact form. You can also connect with our LiveChat representatives. We work under a “No Win, No Fee” promise, so you won’t pay anything unless we win. Reach out today and take the first step toward getting the money you deserve.
The information on this blog is for informational purposes only. It is not meant to serve as legal advice for an individual case or situation. This information is not intended to create an attorney-client relationship nor does viewing this material constitute an attorney-client relationship.
