Dog Bite Attacks
The Texas Supreme Court recently ruled against the "first bite" rule, saying pet owners should not be freed from liability once a dog attack begins. The longstanding rule was overturned because a woman who was attacked by three dogs and suffered wounds that reportedly took two years to heal was prevented from suing the dog owners. The court felt the "first bite" rule to be an injustice in this case and wanted to prevent the same injustice from happening again.
However, Missouri continues to follow the "one bite" rule, which means that if a dog does not have known dangerous behavior, the owner is granted a degree of freedom from responsibility, but such freedom from liability is not absolute.
Dog bite victims in Missouri can also base claims on premises liability, general negligence, and negligence per se.
1. Premises liability basically means a victim must prove the owner had knowledge of the dangerous propensities of his or her dog. Laws differ based on if the victim was a trespasser, licensee (entering the owner's land with permission), or invitee (entering the land with reasonable benefit to the owner). The dog owner is subject to liability for harm to licensees if the dog presents a foreseeable danger the possessor is aware, and for harm to an invitee if the dog presents a foreseeable danger, which the owner knows or should have known.
2. Negligence means a victim must show (1) the owner had a duty to protect the victim from injury, (2) breach of that duty and (3) proximate cause, meaning that the breached duty directly resulted in the harm.
3. Negligence per se means the victim must prove the owner is liable because there is proof the animal had vicious tendencies or was abnormally dangerous prior to the incident.
As an experienced Missouri personal injury attorney, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately and aggressively take action in your defense.
The call and consultation are free. I can be reached 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). Call me personally and I will answer all the questions and concerns you may have. There is no fee unless we recover for you.
If you don't want to call or you can't call, you can email me at john@pagecagle.com. I look forward to speaking with you and helping you through these trying times. You can also visit www.dogbiteclaim.com for more information.
