If you or someone you love is the victim of a dog bite, you have a legal right to pursue a claim against the dog’s owner. It can be helpful to have an experienced personal injury attorney in St. Louis on your side to make your case, though. Drafahl Law Firm is here to help.
Our firm charges legal fees only if we win your claim and we have decades of collective experience representing bite victims.
Give us a call at (314) 300-6260 to find out how we can put our knowledge to work on your claim to maximize the chances you’re fairly compensated for the damage you’ve endured.
Injured By A Dog Bite?
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Why Choose Us?
Dog bites can cause serious damage to victims. Unfortunately, they are far too common in Missouri where the overall rate of emergency department visits for bite injuries averaged 101 per 100,000 residents over a five-year span of time.
There are many complicated issues that can arise in a dog bite claim, from determining who can be liable to understanding the legal arguments you must make to ensure the dog’s owner is responsible for your damages.
You need an attorney who knows the ins and outs of dog bite cases, and you’ve found that advocate when you reach out to Drafahl Law Firm. Here are some of the many reasons why turning to our team is the right choice when a dog has harmed you:
- We have successfully recovered compensation for dog bite victims in many past cases
- We are skilled negotiators but also prepared and ready to go to trial, as demonstrated by our membership in the Missouri Association of Trial Lawyers and our recognition among the Top 40 Under 40 Civil Plaintiffs’ Trial Lawyers
- We have helped many clients to get justice, resulting in past clients describing us as “courteous, professional, and dedicated,” and indicating they “felt like I was family and not just another client.”
We’ll bring our compassion and skill to your claim after a bite incident has caused you damage.
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How A Lawyer Can Help You Get the Compensation You Deserve
Revisor of Missouri Section 273.036 makes clear that dog owners are responsible for bite incidents.
The statute states “The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner’s or possessor’s knowledge of such viciousness.”
This means that, unlike in states where a dog’s owner is liable only if the animal was negligent in the past, dog owners in Missouri are held responsible for any time their dog bites someone. While this makes it easier to prove a claim, you still need to gather evidence and develop the right legal strategy.
Drafahl Law Firm can help. Our firm will:
- Gather police reports, medical records, witness statements, and other evidence to make your case
- Identify all parties who may be responsible for the incident, including the dog’s owner and others who may have shared the blame for your injuries.
- Negotiate with the dog owner’s home or renter’s insurer to help reach a settlement
- Pursue a civil case in court if you can’t reach a fair settlement.
If the dog bite occurred on someone else’s property, contact a premises liability lawyer in St. Louis to fight for your due justice.
What Compensation Can I Receive For A Dog Bite Claim
If you have been bitten by a dog in St. Louis, the law allows you to seek compensation for various types of harm. Understanding what types of damages you can claim can make a big difference as you recover physically, emotionally, and financially. Below is an overview of the typical compensation victims may be able to obtain:
Economic Damages (Out-of-Pocket Losses)
Economic damages represent the direct, out-of-pocket losses you suffered as a result of your dog bite injury. These are losses that are generally easy to measure in dollars and backed up by paperwork, receipts, or formal statements. These damages often cover:
Medical Expenses
Your dog bite claim should cover all emergency care, hospital stays, doctor and specialist visits, surgery, medication, including antibiotics for infection risk like rabies or tetanus, and any needed physical therapy or medical devices.
Expenses for plastic surgery consultations are also recoverable, even if you haven’t had surgery yet. Mental health treatment, such as counseling to address anxiety or PTSD after the attack, is just as important and can also be claimed as part of your damages. Keep records of all appointments and recommendations relating to physical or emotional care.
Lost Wages
You’re entitled to recover your lost salary or hourly pay for work you miss while healing, as well as any commissions or bonuses lost. PTO or sick days used because of the injury should also be reimbursed.
Self-employed victims can seek payment for missed business or income they could not earn. If your ability to work or potential income is reduced long-term, you may be eligible for compensation for “lost earning capacity” in the future. Supporting documents from both your job and medical providers will strengthen your claim.
Other Out-of-Pocket Expenses
These expenses might include travel costs for getting to medical appointments, the cost of over-the-counter medication, and child care that would not have been necessary but for the dog bite.
Future Treatments
Some people experience long-term or permanent effects, such as nerve damage or visible scarring, entitling them to recover projected future medical or rehabilitation costs.
Economic damages can be strongly supported by medical records, employer documents, receipts, photos, and expert reports. If you have paid for anything due to your injury, keep documentation.
Non-Economic Damages (Intangible Losses)
Non-economic damages recognize that not all harm can be easily quantified. The law accounts for how an injury disrupts your day-to-day life, well-being, or sense of confidence. Missouri allows for compensation for these more personal types of harm.
Unlike economic damages, these are not easily calculated, but with the help of a knowledgeable attorney, can be established and presented clearly in your claim. The following are typical areas considered non-economic damages:
Pain and Suffering
This includes both the physical pain felt during and after the event, as well as ongoing chronic pain that might result from serious injuries. It can last weeks, months, or even years in more serious bite cases and takes into account the emotional toll of prolonged discomfort.
Emotional Distress and Mental Anguish
Beyond the pain is the trauma dog bite victims experience. This might include anxiety, fear, depression, nightmares, and any form of psychological struggle caused by the bite and its aftermath. For children, dog bites can sometimes lead to a life-long fear or difficulty coping with similar animals in the future.
Scarring and Disfigurement
The presence of visible scars, much less disfigurement (on the face, hands, arms, or other parts often exposed), can significantly harm self-esteem, confidence, employment prospects, and relationships.
Loss of Enjoyment of Life or Daily Functioning
When dog bites keep a victim from family activities, social events, or regular hobbies, non-economic damages might be awarded to recognize that loss.
Calculating non-economic damages often relies on witness testimony, medical opinions, a firsthand account of your symptoms, and comparisons with similar outcomes in local courts.
Punitive Damages
Most dog bite cases in St. Louis focus on recovering for your actual physical, emotional, and financial harm. Occasionally, however, the court may award punitive damages, though this is rare.
Punitive damages in Missouri will only be awarded where the injured party proves with clear and convincing evidence that the dog’s owner either intended to cause harm or showed “flagrant disregard” for the safety of others.
510.261. Punitive damages, restrictions on award of — proper award, when — civil actions, initial pleading not to contain claim for punitive damage award. — 1. Except as otherwise provided by statute, punitive damages shall not be awarded unless the claimant proves by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.
This is a higher threshold than what is needed to win your basic claim for economic and non-economic damages.
Examples of cases that might qualify for punitive damages could include owners who allowed their dog (with a known dangerous past) to roam without a leash in a busy public area, actively encouraging aggressive behavior, or directly “sicking” the dog upon another person willfully.
These damages are not about making you whole but punishing the defendant and setting an example so other pet owners in St. Louis act more safely in the future.
How Long Does A Dog Bite Case Take To Settle?
If you’re recovering from a dog bite in Missouri, it’s natural to wonder how long it’ll take before your claim is resolved and you get properly compensated. The timeline often depends on the severity of injuries, how complex the facts are, and how willing the insurance company or dog owner is to negotiate.
Typical Stages in a Dog Bite Case
A dog bite case generally moves through several steps before reaching a final settlement. Here’s what you can typically expect:
- Medical Treatment and Recovery: Settlement almost never happens until you reach what doctors call “maximum medical improvement.” This means your injuries have healed as much as expected, or doctors are sure they know what ongoing costs or difficulties you’ll face.
- Investigation: Both sides, especially insurance companies, need evidence. They’ll look at photos, hospital records, proof you were on the property legally, reports from animal control, and information about the dog’s background.
- Negotiations: Your attorney will usually demand compensation from the insurance company. This usually sets off a few rounds of negotiation, going back and forth until hopefully a settlement is reached.
- Trial: If the insurance company doesn’t offer you an amount you’re happy with you and your attorney can decide to file a lawsuit against the owner of the dog. This obviously prolongs the case, but could be necessary if you’ve experienced significant losses and can’t get the insurance company to cover them.
Factors Affecting the Timeline
Several things can speed things up, or unfortunately, slow things down:
- Severity of Injuries: Simple claims with minor wounds might reach settlement within a few months. Serious injuries that need surgery or cause permanent scars or disability take longer, as future costs must be understood.
- Response from Insurance Companies: Some move quickly when evidence is clear. Others stall or make low offers, lengthening negotiations or even pushing the case into litigation.
- Disputes Over Responsibility: If the dog owner claims you provoked their pet or argues you were trespassing, the process can involve more back-and-forth, requiring expert statements or even going to mediation or court.
Most Missouri dog bite cases settle within six months to a year, but complicated or severe matters and those that go to trial can take significantly longer.
What Is The Missouri Dog Bite Statute?
Missouri has strong laws in place to protect dog bite victims. One of the main features of Missouri’s dog bite law is “strict liability.” This means an owner is responsible if their dog bites someone, even if the dog has never shown aggression before and the owner wasn’t acting irresponsibly.
273.036. Owner liable, when — fine, amount. — 1. The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owner’s or possessor’s knowledge of such viciousness. Owners and possessors of dogs shall also be strictly liable for any damage to property or livestock proximately caused by their dogs.
Conditions for Liability
For the strict liability rules to apply:
- The bite must take place on public property, such as a park or sidewalk; OR
- The bite can occur on private property if the victim is there lawfully. That includes situations like visiting someone’s house as a guest (invitee) or having official business there (licensee).
This approach means most bite victims, whether neighbors, delivery workers, or kids at a family barbecue, are eligible for a claim if they were not breaking the law at the time.
Defenses for Owners
While Missouri law favors the rights of dog bite victims, a few exceptions can protect dog owners from liability:
- If the victim was trespassing, meaning they were on private property without permission.
- If the victim provoked the dog by teasing, tormenting, or abusing it right before the attack.
Ultimately, Missouri’s dog bite statute gives bite victims a fair path to seek help, but also acknowledges the situations where a dog’s aggressive behavior shouldn’t be punished.
Comparative Negligence in Missouri – When The Victim is Partially Responsible
Missouri uses a “pure comparative negligence” rule in personal injury law, including dog bite cases. Under this rule, if the injured person did something that contributed to their injury, their financial recovery can be reduced by the percentage they were at fault.
For example, if a jury finds the dog bite victim was 30% responsible (perhaps by ignoring clear warnings or provoking the dog) and the damages were $10,000, the victim would only recover 70% of the damages, or $7,000, from the owner.
Owner defenses will often argue the victim shares some responsibility, so being thorough with the facts and timelines can help show exactly what happened before and during the bite. Victims and their attorneys need to be ready to address any claim of comparative fault during negotiations or in court.
Missouri Dog Bite Claim Statute Of Limitations
If you have a dog bite claim in Missouri, you generally have five years from the date of the incident to file a lawsuit for your injuries.
516.120. What actions within five years. — Within five years:
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;
This deadline is strictly enforced and missing it usually means losing your right to any compensation, no matter how valid your case may be. There are exceptions to this five-year rule.
For example, if the injured person is under 18 at the time of the dog bite, the statute of limitations is “tolled” until they’re an adult, which means the clock doesn’t start running until they turn 18 years old. In this situation, the individual would have until age 23 to file a claim.
There may be other circumstances or legal rules that shorten or extend your time limit. Because these exceptions aren’t always obvious, and every situation is a little different, it’s important to consult with an attorney as soon as possible after a dog bite.
What Is The “1 Free Bite” Rule?
The “1 Free Bite Rule” is a legal concept that applies to dog bite cases in some jurisdictions. It states that a dog owner would not be held legally responsible the first time their dog bit or injured someone, unless they already knew (or reasonably should have known) that their dog had a history of viciousness or aggression.
In other words, a dog had to prove itself “dangerous” at least once before the owner could be held liable, giving both dogs and owners essentially a “free pass” for the first incident.
However, Missouri law does not follow the “1 Free Bite” rule at all. Under the current dog bite statute, liability is based on “strict liability.” If you are bitten in Missouri, you don’t need to prove an animal’s history to recover compensation.
Get in Touch
To find out more about the legal services our St. Louis dog bite lawyers can offer, give us a call at (314) 300-6260 today or contact us online to schedule your free consultation.