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Dogs may be man’s best friend, but they still have animal instincts. In other words, every dog has a breaking point and, subsequently, the potential to attack. Thankfully, dog bite victims have recourse under personal injury law. If you or someone in your family was bit by a dog, here's what you should know about seeking compensation for the resulting damages. 

Can You File a Personal Injury Claim Following a Dog Bite?

In the state of Missouri, dog bite claims fall under personal injury law. Unlike most personal injury claims, though, cases involving dog bites are not founded on negligence. Instead, they are based on strict liability. That means dog owners can be held responsible for any damages their pets cause, even if they took reasonable measures to keep the animals contained and were unaware of any aggressive tendencies. However, should a dog cause injuries by doing something other than biting—such as jumping up—the victim will have to demonstrate negligence on the part of the owner to recover a payout. 

What Must You Prove to Win a Dog Bite Claim?

To win a dog bite claim, you must prove that you were not actually provoking the dog before the incident. You must also prove that you were not trespassing at the time and did not assume any risk given the circumstances. For example, those who work with animals may not have grounds for any bites that occur on the job because they assume a certain amount of risk by doing so. 

personal injury lawAs for winning a personal injury suit in general, you’ll have to prove that you actually incurred damages as a direct result of the incident. You can do this using medical records, photographs of visible wounds, entries from your personal injury journal, and pay stubs detailing any missed work. 

What Are Missouri’s Personal Injury Laws Governing Dog Bite Claims?

In Missouri, the typical deadline for bringing a dog bite claim to court is five years. That means if the opposing party is uncooperative, you must file a formal lawsuit within five years of the incident. Otherwise, you will lose the opportunity to recover any compensation whatsoever. Additionally, Missouri has a pure comparative fault system. As such, the final settlement or verdict will be reduced by your own percentage of liability, if you contributed to the incident in any way.

 

If you think your family has grounds for a dog bite claim, contact the personal injury law team at Privette Law Office. Based in Willow Springs, this small-town firm has been counseling injured parties throughout southern Missouri for more than three decades. Their compassionate team is proud to treat clients like family, and they give every case the attention it deserves. To learn more about their attorneys, visit their website, or call (417) 469-3535 to schedule a consultation.

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