Dog Bite Injuries
At the Chris Benjamin Law Firm, we love dogs and understand that they are an important part of many families. Our goal is not to target dogs or their owners but to help individuals who have suffered serious injuries due to a dog bite get the compensation they deserve. While most dogs are well-behaved, situations can arise where a bite occurs, and understanding the law helps ensure fair outcomes for everyone involved.
Dog bite laws vary significantly between Kansas and Missouri. Kansas follows the “one-bite” rule, meaning owners are only liable if they knew or should have known their dog was dangerous. Missouri enforces strict liability, holding owners responsible for bites regardless of the dog’s history.
Kansas Dog Bite Laws
Kansas dog bite laws can be complex, as they follow the “one-bite” rule and general negligence principles. Liability depends on whether the owner should have known the dog was dangerous or failed to prevent an attack through negligence. Comparative negligence can further complicate claims, potentially reducing compensation if the victim was partially at fault.
“One Bite” Rule
Under the “one-bite rule,” a dog owner is only liable if they knew or should have known their dog was dangerous. This can be challenging to prove, as it requires showing that the owner was aware of past aggressive behavior or had reason to suspect the dog could bite. Evidence such as prior bites, documented complaints, or aggressive behavior can help establish that the owner should have been aware of the risk. Without such proof, holding the owner accountable becomes significantly more difficult.
General Negligence Law
In Kansas, you can also file a dog bite claim under general negligence law, even if the dog has never bitten anyone before. This means proving that the owner was careless in handling or restraining their dog, and that this carelessness led to the bite and caused injury. Examples include letting a dog run loose in an area with leash laws, failing to control an aggressive dog, or not taking reasonable steps to prevent an attack.
Comparative Negligence
Kansas follows a comparative negligence rule, meaning that if the victim is partially responsible for the dog bite, their compensation may be reduced. For example, if someone ignored warnings to stay away from a dog or provoked the animal, they could be found partly at fault. If the victim is found to be less than 50% responsible, their compensation is reduced accordingly (e.g., 20% fault means a 20% reduction in damages). However, if the victim is 50% or more at fault, they cannot recover any compensation.
Missouri Dog Bite Laws
Unlike Kansas, Missouri follows a strict liability rule, meaning dog owners are responsible for bites regardless of whether they knew the dog was dangerous. Under Missouri Revised Statutes § 273.036, liability applies if the bite occurred on public property or lawfully on private property and was not provoked. Unlike Kansas, there is no need to prove prior aggression. However, if a dog injures someone without biting, such as by knocking them down, the case falls under general negligence laws, which are similar to Kansas’ rules.
Don’t Get the Short Stick
Recovering damages after a dog attack can be challenging. If you’ve been bitten, gathering police and animal control reports, witness statements, and other key evidence is essential to building your case. To protect your rights, consult an attorney with experience in dog bite and personal injury claims. You need someone in your corner – don’t just roll over!
Call Day or Night for an Experienced Dog Bite Injury Attorney
If you have any questions about dog bite claims or would like a free consultation, contact attorney Chris Benjamin by calling 816-425-2420 / 913-340-9544 or navigating to our contact page for a consultation.