Dog bites can cause permanent injuries and emotional trauma. If a dog has injured you or your child in Kansas City, you are probably wondering how the law protects you. A good place to start understanding dog bite claims is to understand how dog bite claims work, what steps you need to take, and what to expect from your case.
Contents
- 1 Understanding Dog Bite Laws in Kansas City
- 2 Steps To Take After a Dog Bite
- 3 How Liability Works
- 4 There are Different Types of Damages You May Recover
- 5 What to expect in a lawsuit and the steps involved
- 6 Common Defenses You May Face
- 7 Why You Should Seek a Kansas City Dog Bite Lawyer
- 8 Safety Guidelines for Approaching Dogs
- 9 Kansas City Resources for Dog Bite Victims
- 10 Common Questions
- 11 Start Your Claim Today
Understanding Dog Bite Laws in Kansas City
Missouri has laws that hold dog owners responsible when their dog bites someone. Unlike some states that use a “one-bite rule,” Missouri is a strict liability state. This means the dog’s owner is usually responsible, even if the dog never showed signs of aggression before.
Under Missouri Revised Statute Section 273.036, a dog owner is liable if:
- The dog bit you without being provoked.
- You were on public property or lawfully on private property.
This law applies even if the owner took steps to restrain the dog. You don’t need to prove negligence to seek compensation.
Steps To Take After a Dog Bite
If a dog bit you, take these steps right away:
- Get Medical Care
- Clean the wound to avoid infection.
- Seek treatment even for small bites.
- Keep records of all care you receive.
- Clean the wound to avoid infection.
- Report the Bite
- Call Kansas City Animal Control.
- File an official report.
- This creates a record of the attack.
- Call Kansas City Animal Control.
- Gather Evidence
- Take photos of injuries.
- Get names of witnesses.
- Note where and when the bite happened.
- Take photos of injuries.
- Avoid Talking to Insurance Adjusters Alone
- Insurance companies may contact you.
- Don’t give a statement without a lawyer.
- Insurance companies may contact you.
- Talk to a Dog Bite Lawyer
- A lawyer can explain your rights.
- They help you build a strong claim.
- A lawyer can explain your rights.
How Liability Works
Liability in a dog bite claim is about who is responsible. In most cases, the owner is fully liable. Sometimes, other people may share blame. For example:
- A landlord knew the dog was dangerous but did nothing.
- A caretaker allowed the dog to roam freely.
You may still get compensation even if you partly caused the bite. Under Missouri’s comparative fault rules, your damages are reduced by your share of fault. If you were 20% at fault, you can still recover 80% of your losses.
There are Different Types of Damages You May Recover
A dog bite can result in massive medical bills and suffering. In Kansas City, courts may provide damages for:
- Medical expenses, including future treatment.
- Lost wages if you lost time at work.
- Pain and suffering.
- Emotional distress.
- Permanent scars or disability.
In some cases punitive damages may be able to be recovered if the owner was reckless, to begin with.
What to expect in a lawsuit and the steps involved
Most people are anxious about filing a lawsuit. Knowing what to expect can help ease that anxiety:
- Case Review
- Your lawyer reviews medical records, photos, and reports.
- They decide if your claim is strong.
- Your lawyer reviews medical records, photos, and reports.
- Filing the Complaint
- The lawyer files a lawsuit in court.
- The owner is served with legal process papers.
- The lawyer files a lawsuit in court.
- Discovery
- Both sides share evidence.
- You may answer written questions or give a deposition.
- Both sides share evidence.
- Settlement Talks
- Many dog bite cases settle before trial.
- Your lawyer negotiates for fair compensation.
- Many dog bite cases settle before trial.
- Trial
- If there is no settlement, your case goes to trial.
- A judge or jury decides the outcome.
- If there is no settlement, your case goes to trial.
Common Defenses You May Face
Dog owners often raise defenses to avoid paying damages. Some common claims are:
- You provoked the dog.
- You were trespassing.
- You took on the risk by approaching the dog.
Your lawyer will gather evidence to challenge these claims.
Why You Should Seek a Kansas City Dog Bite Lawyer
Dog bite laws can be complicated and difficult to navigate on your own. An experienced attorney will help you with the following:
- Proving the dog owner is liable.
- Documenting your injuries and losses.
- Negotiating with your insurance company.
- Going to trial.
Most experienced Kansas City personal injury attorneys work on a contingency fee basis. Therefore, you do not pay unless they recover compensation on your behalf.
When do you need to file a lawsuit?
In Missouri, you can file your lawsuit no later than five (5) years from the day of the dog bite incident. If you wait and you are outside the time limitation, you will lose your right to file a lawsuit. You should still file as early as possible to protect your rights.
Supporting Children After Dog Bites
The majority of dog bite victims are children and dog bites can result in fears, trauma, and sometimes permanent scarring. What to do if your child has been a victim of a dog bite:
- Get them immediate medical care.
- Determine whether there is any trauma or infection.
- Get counselling, if necessary.
You can bring a lawsuit on behalf of your child. The courts can hold the settlement in trust until your child turns 18 years of age.
Safety Guidelines for Approaching Dogs
Since the risk of bites occurring cannot be fully removed, and there are some things to keep in mind for preventing bad contact with dogs:
- Do not touch a strange dog (without consent from the owner) – it is illegal in many jurisdictions.
- Never run by a dog.
- If a dog is aggressive, do your best to ignore it to stay calm.
- Teach dog children to keep their distance from dogs.
Kansas City Resources for Dog Bite Victims
You don’t have to face recovery alone. These local resources can help:
- Kansas City Animal Control: Report bites and get records.
- Children’s Mercy Hospital: Specialized care for kids.
- Local support groups: Help with trauma recovery.
Common Questions
Here are five common questions people have regarding Kansas City dog bite claims:
1. What if this dog has never bitten anyone before?
Under Missouri law, the owner is liable. It doesn’t matter that the dog has never bitten before.
2. Can I sue the dog owner if I was bitten on their property?
Yes. If you were a guest and are on the property legally, you have a claim.
3. What if the dog owner doesn’t have insurance?
You can still personally sue the dog owner. An attorney may be able to find other sources of recovery for you personally.
4. How much can I recover from my dog bite?
It depends on many factors including medical bills, lost wages, pain and suffering, etc. An attorney can help you figure out the value of your claim.
5. Do I have to go to court?
Most likely not. Most dog bite cases, in Kansas City, settle before trial. An attorney will want to do everything possible to get your claim settled appropriately.
Start Your Claim Today
A dog bite can change your life in seconds. You deserve fair treatment and help with your recovery. If you or a loved one was bitten by a dog in Kansas City, don’t wait to act. Contact a trusted dog bite lawyer in Kansas City today to protect your rights and explore your options.