Who is liable if a dog bites me in Missouri?

1. Liability Standard

Missouri is a strict-liability state under Mo. Rev. Stat. § 273.036. The owner is liable for damages caused by an unprovoked bite in a public place or while plaintiff is lawfully on private property.

2. Statutory Elements

Plaintiff must show: (a) defendant owned or possessed the dog; (b) the dog bit the plaintiff; (c) plaintiff was in a public place or lawfully on private property; and (d) plaintiff did not provoke the dog.

3. Common-Law "One-Bite" Doctrine

Common-law negligence remains available for non-bite injuries (e.g., dog knocks plaintiff down) where scienter must be shown.

4. Trespasser Defense

The statute protects only lawful entrants. Trespassers must rely on common-law theories.

5. Provocation Defense

Provocation is a complete defense to statutory liability.

6. Comparative Fault

Missouri's pure comparative-fault rule (Gustafson v. Benda) applies. The statute also imposes a $1,000 statutory penalty payable to the state if the owner had a duty to control the dog.

7. Landlord Liability

A landlord may be liable only with actual knowledge of the dog's vicious propensities and the ability to remove the dog.

8. Homeowner's Insurance

Missouri homeowner's policies typically cover dog bites; breed exclusions are common.

9. Damages

Medical bills, lost wages, scarring, disfigurement, future surgeries, and pain and suffering.

10. Criminal Liability

Under Mo. Rev. Stat. § 578.024, owners of dangerous dogs causing injury face misdemeanor or felony charges depending on severity and prior classification.

This is legal information, not legal advice.