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MISSOURI PERSONAL INJURY LAWYER DISCUSSES MISSOURI’S DOG BITE LAWS

Post Date: January 15th, 2010


As a Missouri dog bite lawyer based in St. Louis, I’ve seen
many serious injuries which occurred from a dog attack.  The majority of the times, people call me
expecting we’d have no problem obtaining payment to cover their medical bills
and injuries as a result of being attacked by someone else’s dog.  Over the year, I have seen many brutal
attacks.  These have often resulted in
surgery to repair the wounds.  These
surgeries often cost in the tens of thousands of dollars.

                However,
what many people were surprised to find out was that under Missouri law, dog
bite owners traditionally were not automatically responsible.  Additionally, Missouri does not employ a “one
bite rule” as many others mistakenly believe. 
The so-called “one bite rule”, is commonly understood to mean that the
dog’s owner is automatically responsible if their dog has previously bitten
someone.  Rather, the traditional rule in
Missouri has been that the dog owner was responsible if they have prior
knowledge of their dog’s dangerous propensities.  Now, often this was satisfied if we could
show that there was a prior bite. 
However, this was not a requirement. 
Additionally, there were other ways to prove liability in dog attack
injury cases.  This included utilizing
municipal leash laws when the dog bite occurred off of the owner’s property and
the dog was not restrained on a leash. 
However, under these laws, I had to pass on representing many victims of
severe dog bite injuries because we could not find any evidence of a prior
attack or anything that would prove prior knowledge of dangerous
propensities.  Of course, in dog bite
cases, the owner hardly ever admits to knowing about a prior bite.  In fact, I remember one dog bite case where
we found out from a neighbor that the dog had previously jumped the fence and
bit her in the throat.  She even had
pictures of the dog’s bite marks on her throat. 
Yet when I deposed the dog’s owners, they continued to deny the prior
bite.  When I confronted them with the
pictures that the neighbor had taken of her throat, which occurred before the
dog attacked my client, they simply waved it off and said it looked more like a
scratch from the dog’s nails. 
(Regardless, we ultimately settled the case for $75,000.00). 

                However,
what few people are now aware of is that the Missouri Legislature quietly
passed a law in 2009 which now holds dog owners automatically responsible for
the dog bites.  Essentially, the law
eliminates the old “dangerous propensities” standard.  In today’s era of tort reform, it is very
seldom that we see a law passed which actually protects injury victims.  In fact, I’ve been shocked at how little
publicity there has been surrounding this law. 
Even yesterday, I was speaking with a very experienced Missouri injury
lawyer
who was unaware of this new development.

                Simply
put, Missouri’s dog bite laws have now changed to hold the dog bite owner
automatically responsible, however, regardless of any prior attacks.  If you have been attacked or bitten by a dog,
make sure your St. Louis dog bite lawyer is familiar with these new laws.  They should often be familiar with the
aggressive tendencies of breeds such as Pit Bulls, Rottweilers and German
Shepherds.  While certainly these breeds
are not always dangerous, they are the breeds that we see most often in
dog bite injury cases. 

                If
you’ve been attacked and injured by a dog and wish to speak to a top Missouri dog
bite attorney
, feel free to contact Josh Myers at 888.956.2487 or
314.720.2706.  Based in St. Louis,
Missouri, he handles dog bite cases in all of Missouri and Illinois.  It’s always free to discuss your case and
there are never any retainer hourly fees. 
Rather, his fee is a percentage of the amount he recovers on your
behalf.  If there is no recovery, there
is no attorney fee.

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Myers Injury Law, LLC
1004 Spruce Street, Ste 510
St. Louis, MO 63102
Phone: 314-720-2706 Toll Free: 888-956-2487 Fax: 314-720-0744
Phone: 314-720-2706   Toll Free: 888-956-2487  Fax: 314-720-0744
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