What is the Statute of Limitations on Dog Bite Premises Liability in Missouri?

Picture this: you’re out for a leisurely stroll in your neighborhood when suddenly, a vicious dog lunges at you from a nearby yard, sinking its teeth into your arm. The pain is excruciating and the emotional trauma is even worse. In situations like this, it’s crucial to understand your legal rights and the time frame within which you can take action. The statute of limitations or time limit on dog bite premises liability in Missouri is generally five years from the date of the incident, but certain factors can change this deadline.

Understanding Premises Liability

Before we dive into the specifics of the statute of limitations, let’s first understand what premises liability entails. According to the legal theory of “premises liability,” property owners are liable for any harm that guests suffer on their premises due to the property’s dangerous conditions. In the case of dog bites, the property owner may be held liable if they failed to take reasonable precautions to prevent their dog from attacking someone.

Missouri’s Dog Bite Law: Strict Liability versus “One Bite” Rule

Missouri has a strict responsibility stance on dog bites. This means that dog owners are liable for any harm or property damage their pets cause, regardless of the animal’s past behavior or the owner’s degree of care.

In contrast, some other states follow the “one bite” rule, which provides a defense for dog owners if their pet has never exhibited violent behavior in the past. Under this rule, the owner is typically not liable for the first bite incident, as they had no reason to believe their dog posed a threat. However, after the initial bite, the owner is considered to be on notice of the dog’s propensity for aggression and can be held liable for any subsequent attacks.

Under the strict liability doctrine, dog owners in Missouri are held responsible for their pets’ actions, even if the pet has never bitten anyone before or shown signs of aggression. The rationale behind this approach is that dog owners should be aware of the inherent risks associated with owning a dog and take appropriate measures to ensure the safety of others.

Missouri does not require bite victims to prove that the owner had prior knowledge of the dog’s dangerous behavior. Victims also do not have to demonstrate that the incident was caused by the owner’s negligence or carelessness.

Under Missouri’s dog bite law, victims can seek compensation for their losses by establishing the following:

1. They suffered injuries from a dog bite.
2. The incident occurred while they were on public property or lawfully present on private property.
3. They did not provoke or instigate the attack.

If these conditions are met, the dog owner is automatically liable for damages, which may include medical expenses, lost wages, pain and suffering, and other losses the victim incurred.

Note that while Missouri follows strict liability, there may be defenses available to dog owners in certain circumstances, such as if the victim was trespassing or provoking the dog. If you’ve been bitten by someone else’s dog, it’s crucial to consult with an experienced personal injury attorney to determine the best course of action.

The Statute of Limitations For Dog Bite in Missouri

In Missouri, the statute of limitations for dog bite premises liability cases is five years from the date of the incident. This means that if you were bitten by a dog on someone’s property, you have five years from the date of the attack to file a lawsuit against the property owner.

This time frame applies specifically to premises liability cases involving dog bites. If you’re pursuing a different type of personal injury claim, such as a car accident or medical malpractice, the statute of limitations may vary.

Exceptions to the Statute of Limitations 

While the five-year statute of limitations is the general rule, there are a few exceptions to consider:

• Minors: If the victim of a dog bite is a minor (under the age of 18), the statute of limitations is extended. In Missouri, minors have until their 21st birthday to file a lawsuit, regardless of when the incident occurred.
• Disability: If the victim is legally disabled or incapacitated at the time of the incident, the statute of limitations may be tolled (paused) until the disability or incapacity is removed.
• Discovery rule: In some cases, the statute of limitations may not begin until the injury is discovered or reasonably should have been discovered. This is known as the “discovery rule.”

It’s essential to consult with an experienced personal injury attorney to determine if any of these exceptions apply to your specific case.

Importance of Acting Promptly

While the five-year statute of limitations may seem like a long time, it’s crucial to act promptly after a dog bite incident. Waiting too long can make it more difficult to gather evidence, locate witnesses, and build a strong case. Additionally, memories can fade over time, making it harder to recall important details.

By consulting with an attorney as soon as possible, you can ensure that your rights are protected, and your case is filed within the appropriate time frame.

Recoverable Damages and Compensation in a Missouri Dog Bite Premises Liability Case

In a successful dog bite premises liability case, you may be able to recover damages for various losses and expenses related to the incident. These can include:

• Medical expenses (past and future)
• Rehabilitation costs
• Lost wages (if you missed work due to the injury)
• Reduced capacity to earn
• Pain and suffering
• Emotional distress
• Scarring or disfigurement
• Any other out-of-pocket expenses related to the dog bite.

Frequently Asked Questions About Dog Bites and Premises Liability in Missouri (FAQs)

Can I still file a lawsuit if the dog bite happened a few years ago?

Yes, you may still be able to file a lawsuit if the dog bite occurred within the five-year statute of limitations. However, it’s crucial to act quickly and consult with an attorney to ensure that you don’t miss any procedural deadlines.

What if the dog owner is a friend or family member?

The statute of limitations applies regardless of your relationship with the dog owner. While it may be uncomfortable to pursue legal action against someone you know, it’s important to protect your rights and seek compensation for your injuries.

What damages can I recover in a dog bite premise liability case?

In a successful dog bite premises liability case, you may be able to recover damages for medical expenses, lost wages, pain and suffering, emotional distress, and any other losses or expenses related to the incident.

Do I need an attorney to file a dog bite premises liability claim?

While it’s not legally required to have an attorney, it’s highly recommended. Personal injury cases, especially those involving premises liability, can be complex and challenging to navigate without legal expertise. An experienced attorney can help ensure that your rights are protected and that you receive fair compensation for your injuries.

Were You or a Loved One Bitten by a Dog in Missouri? Let Shea Kohl Law Help.

The statute of limitations on dog bite premises liability in Missouri is a critical factor that can significantly impact your ability to seek compensation. By understanding the five-year time frame and acting promptly after an incident, you can increase your chances of a successful outcome. At Shea Kohl Law, your consultation is free, so you risk nothing by speaking to us promptly.

Do not hesitate to call Shea Kohl Law at (636) 946-9999 for a free consultation if you or a loved one has suffered a dog bite on someone else’s property. Our dedicated attorneys are ready to fight tirelessly to help you receive the compensation you deserve.