When it comes to dog bite incidents, few topics are as tangled in misunderstanding as the liability laws that govern them. In Missouri, a state known for its love of dogs, confusion often reigns after a bite occurs, for victims and pet owners alike.
Popular media, urban legends, and outdated advice contribute to a pool full of myths about who is responsible when a dog attacks. Understanding the truth about Missouri’s dog bite liability laws is critical, especially since the consequences can involve serious financial, emotional, and physical damages.
Assessing myths that accompany dog bite liability cases is crucial to protecting you in a liability case. At The Tourigny Law Firm LLC in Kansas City, Missouri, we’re committed to helping you with your dog bite liability case. Here, we’ll unpack some of the most common myths about dog bite liability in Missouri, explore the reality behind these misconceptions, and provide a clear-eyed view of what the law says.
"Dogs Are Always Allowed One Free Bite"
Missouri no longer follows the "one-bite rule." Under the "one-bite rule," a dog owner wouldn't typically be held liable the first time their dog bit someone unless they had prior knowledge of the dog’s dangerous tendencies. However, Missouri replaced this common-law doctrine with a strict liability statute.
Under Missouri law (RSMo § 273.036), a dog owner is strictly liable if:
Their dog bites someone,
The person bitten was on public property or lawfully on private property,
The person didn’t provoke the dog.
In simpler terms, even if the dog had never bitten anyone before, the owner can still be held liable. There’s no such thing as a guaranteed "free bite" under Missouri law today.
"If My Dog Bites Someone on My Property, I'm Automatically Off the Hook"
Many dog owners mistakenly believe that if someone gets bitten while on their private property, especially without explicit permission, they can’t be sued. This is not accurate.
If a person is legally on the property (e.g., a mail carrier, delivery driver, or invited guest), the owner is still strictly liable for a bite. Even if someone enters the property without an express invitation but has legal grounds (such as an emergency worker or utility company employee), the owner remains responsible.
However, trespassers complicate things. Missouri courts are less likely to award damages to someone bitten while trespassing, but it's not a blanket immunity for dog owners. If the dog was known to be especially vicious and there was negligence on the owner’s part (such as failing to warn about a dangerous animal), liability could still arise even in trespasser situations.
"Provocation Doesn’t Matter — The Owner Is Always to Blame"
While Missouri enforces strict liability, provocation is an important exception under the statute. If the victim provoked the dog, the owner might not be liable.
Examples of provocation include:
Hitting, kicking, or teasing the dog,
Trying to take away the dog's food or toys aggressively,
Behaving in a way that reasonably caused the dog to defend itself or its owner.
However, what counts as provocation is not always black and white. Minor actions, accidental gestures, or simply walking by a dog are generally not considered provocation. Courts will examine the specific facts to determine whether the dog’s reaction was reasonable.
"If I Post a 'Beware of Dog' Sign, I Am Protected From Lawsuits"
Warning signs like "Beware of Dog" or "Enter at Your Own Risk" can sometimes help as a defense against negligence claims, but they don’t eliminate strict liability under Missouri law.
In other words, even if you warned people about your dog, you can still be held responsible if your dog bites someone lawfully on your property. Posting signs may help reduce your liability exposure somewhat, especially if it discourages trespassers, but it’s not a magic shield against lawsuits.
"Only Dog Bites Are Covered by Liability Laws"
While Missouri’s strict liability law specifically addresses dog bites, general negligence laws can cover other types of dog-related injuries.
For example:
A dog knocks someone over,
A dog causes a bicycle crash by chasing a cyclist,
A dog startles someone into falling down the stairs.
If the dog owner was negligent, such as letting a dog roam off-leash in violation of local leash laws, they could be held liable for injuries even if no bite occurred.
Thus, the scope of liability is broader than just bites. Missouri courts recognize injuries caused by a dog’s behavior, not merely by its teeth.
"Homeowners Insurance Always Covers Dog Bite Claims"
While many homeowners' insurance policies do cover dog bite claims, there are important exceptions.
Some common limitations include:
Breed exclusions: Some insurers specifically exclude coverage for breeds they consider "high-risk" (e.g., pit bulls, Rottweilers, Dobermans).
Coverage caps: Policies might impose lower payout limits for dog bite claims than for other liabilities.
Policy exclusions: Some policies explicitly exclude all dog-related claims.
Owners who assume they’re fully protected may be shocked when their insurance denies coverage, leaving them personally responsible for medical bills, lost wages, and pain and suffering damages.
"If a Child Gets Bitten, It’s the Parents’ Fault, Not Mine"
Dog owners can’t shift blame to the parents of a bitten child unless the parents’ negligence contributed to the incident, and even then, the dog owner isn’t necessarily off the hook.
Missouri courts are particularly protective of child victims, especially younger ones. Children under the age of seven are generally presumed incapable of contributory negligence under Missouri law. As a result, owners are still primarily liable when their dogs injure young children, regardless of whether supervision was ideal.
"All Dogs Have the Same Legal Standards — Breed Doesn’t Matter"
Missouri state law itself doesn’t impose breed-specific regulations at the state level. However, many local governments within Missouri do enforce breed-specific legislation (BSL).
For example:
Some cities ban ownership of certain breeds entirely,
Others impose special requirements (like mandatory muzzling, additional insurance, or secure enclosures).
Owners of regulated breeds face heightened responsibilities. Failure to follow local breed-specific ordinances can enhance an owner's liability in case of a bite or attack.
"I Can Avoid Responsibility by Giving Away My Dog After a Bite"
Liability doesn't magically disappear if a dog owner relinquishes the dog after an incident.
If your dog bit someone while it was in your ownership and care, you’re still liable for the harm caused at that time, even if you no longer own the dog when the claim is filed or the lawsuit happens.
Trying to evade responsibility by giving away or euthanizing a dog after an incident can sometimes reflect poorly in court and affect settlement negotiations or jury sympathy.
"If It’s a Minor Bite, There’s No Real Legal Case"
Even seemingly minor dog bites can form the basis of valid legal claims.
Small wounds can become infected, leading to serious medical issues.
Emotional trauma, especially for children, is often significant.
Scarring and disfigurement claims are actionable even if the physical injury initially seemed minor.
Missouri law allows victims to seek compensation for all damages arising from a dog bite, not just immediate physical injuries. These can include:
Pain and suffering,
Emotional distress,
Lost wages,
Permanent disability or scarring.
Severity is subjective. What seems minor to one person may profoundly affect another’s life.
Understanding Comparative Fault in Missouri Dog Bite Cases
Missouri applies the doctrine of comparative fault to personal injury cases, including dog bite claims. This means if the victim's own actions partially contributed to the incident, their compensation might be reduced proportionally.
Comparative fault doesn’t eliminate owner responsibility, but can reduce the financial payout depending on the circumstances.
Knowing the Truth Matters
Dog bite incidents can be deeply emotional events — for victims and pet owners alike. But when myths guide actions and decisions, the fallout can be even worse.
Understanding the real rules about dog bite liability can help dog owners take the necessary precautions, including training, fencing, leashing, and proper insurance coverage. For victims, knowing the truth makes sure that their rights are protected and that they pursue the full extent of compensation the law allows.
Contact Us Today
Whether you’re a dog owner or someone who’s been bitten, replacing myths with knowledge is the first step toward justice and responsible pet ownership in Missouri. If you’ve been bitten by a dog due to someone else's negligence, contact me, Greg Tourigny. We serve clients in all of Kansas and Missouri and are ready to help you with your case. Reach out for a consultation today.
