Third Party Injuries in Missouri Dog Bite Cases
A 6-year-old girl was hospitalized after a dog in St. Augustine, Florida attacked her. The girl was immediately rushed to the hospital and underwent four hours of surgery to treat more than 100 dog bite wounds. The young girl was on vacation and playing outside, when the dog, weighing 20 pounds more than her, attacked.
The girl's neighbor heard cries for help and came to the young girl's rescue. The neighbor was eventually able to fight off the dog, but also hurt herself in the process; the dog bit her, and she broke her toe after kicking the animal several times to stop the attack.
In such situations, it is lawful for a person to repel an attack by a dog for the purpose of defending himself/herself or third persons against harm threatened by an animal. It is important to note, however, that the law of self-defense only permits aggression for the purpose of meeting aggression. This means revenge or any action taken after an attack is over is generally unlawful. Even if an animal has previously attacked or displayed aggressive behavior, by law, self-defense is usually not deemed necessary anymore because the threat of danger is not imminent, or great enough.
If a person does intervene in a Missouri dog attack to protect another person or a pet from injury by a dog, and that person is injured, the owner of the dog will be held responsible for the injury, under the legal principle called the "rescue doctrine." The "rescue doctrine" is set forth in case law and in the statutory law of some states.
The general principle is that, where a person has negligently managed his own person, land or chattels, he is liable for the foreseeable consequences. (The word chattels is a legal term that refers to property, like a pet in this case.) A foreseeable consequence is injury to a rescuer. The court typically finds that when a person, such as the dog owner here, puts himself or others in danger, it is foreseeable that someone else will attempt to rescue those in danger, making the dog owner liable to any possible injury arising from such scenario.
The "rescue doctrine" also applies to a pet owner who is injured when he attempts to prevent a dog from attacking his pet. The rule further notes that even though a rescuer in these situations may have willingly put himself/herself in danger, the act of rescue does not excuse the culpability created by the pet owner's negligence.
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.
