Missouri Personal Injury Lawyer Blog

In efforts to quell the number of dog bite victims, researchers at the University of Alabama at Birmingham are testing software that will teach children how to behave around animals. According to an article and video posted on ABC News, a non-verbal computer program called “Blue Dog” will ideally become a teaching tool across the nation. Appropriate behavior that the program aims to teach is to not pet animals while they are sleeping or eating.

The Center for Disease Control indicates that dogs bite 4.5 million Americans each year. Keep in mind that these are just the cases that are reported. Countless dog bite instances are left unreported. The most common victims of dog bite attacks and mauling incidents are children. This is due to the fact that children often miss a dog’s warning signs more easily than adults do. Education is a much-needed action for preventing severe instances of dog bites.

Research shows that Missouri dog bites occur more frequently in the spring and summer months than in winter months. This is because during the springtime and summer, children are more likely to be outside and around animals. If a dog has bitten your child in Missouri, clean the wound thoroughly and talk to your pediatrician about possible rabies infections.

Continue reading "Missouri Dog Bite Lawyer: Software Is Said to Prevent Dog Bite Attacks on Children" »

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Posted In: Dog Bite , Law & Information , Personal Injury

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After this summer’s dog fighting raids, nearly 500 dogs were left without homes. Dogs found in the raids that showed any signs of aggression toward humans were killed, while many others were put up for adoption or sent to rescue groups. However, if homes cannot be found for these abused dogs, they, too, will be put to sleep.

One of the most common dog fighting breeds is the Pit Bull terrier. Training for fights can begin as young as a few weeks old. Regardless of previous training, a dog fight can happen at any time, which is an intimidating fact for owners of certain dog breeds and for their neighbors.
There is no way to tell if a dog will end up normal or a vicious fighter, although a large part of it depends on the owner and training of the animal. Still, several towns are beginning to ban ownership of specific breeds because of the dogs’ proclivity to violence, which makes it more difficult to find homes for ex-fighters. Rescuers believe that these bans are unnecessary because with proper training and care, ex-fighters can live normal, loving lives without the urge to fight or attack.

Continue reading "Ex-fighting Dogs Left Without Homes After Summer Raids" »

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The recent bust of a horrific dog fighting operation at a suburban Chicago day care has left many parents and members of the community shocked and outraged. According to a huffingtonpost.com article, a total of ten children were being watched when police arrived at the Maywood day care home. Three people were arrested and nine dogs were rescued. The article referred to the following statement of a Sheriff involved in the dog fighting bust: "Kids were playing on a swing set just 10 feet away from a vicious fighting dog and blood-stained floors…to be engaged in this sort of activity is disturbing enough, but to take a chance with anybody's children is reprehensible."

Although the day care owner has denied having any involvement with the dog fighting, one of the three people arrested is a relative of the day care owner. Being referred to as one of the “most gruesome” dog fighting operations that has ever been discovered, it is a miracle that no children have been injured due to a dog bite from the vicious fighting that took place on the premises of the day care center.

As disturbing as this incident is, and even though it is a bit out-of-the-ordinary, it is important for parents to be aware of such occurrences because the safety of their children could be similarly jeopardized. A parent or legal guardian should always research a prospective day care center and should strongly consider observing how the center operates before allowing their child to attend.

Continue reading "Suburban Day Care Discovered as Spot for Vicious Dog Fights" »

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According to recent reports, authorities in the state of Missouri are dealing with the breakup of a substantial dogfighting ring where law enforcement activity netted up to 350 dogs and 30 people across several states including Missouri, Illinois and Tennessee.

This Chicago Tribune story is just one of several reports originating online about the activity leading up to this series of raids, which has been called the largest in recent history.

As police and other law enforcement officers force the workers to deal with the aftermath of the situation and try to find homes for these dogs, a large question looms: what are the liabilities involved with handling all these animals, which have been bred or trained for ferocity? Concerns about the future handling of these animals include their passage through the law enforcement system, as well as any new homes they may find.

In any case dealing with dangerous dog breeds, there's always the concern of responsibility for any incidents where these conditioned animals injure their human handlers. Dogs confiscated from dogfights can tend to fall into a kind of “gray area”, making assessment all the more difficult. What's clear, though, is that certain dog breeds pose more of a general risk, and insurers, such as those providing homeowners insurance, reflect this in their policies.

Continue reading "Dogfighting Ring Busted: Animals Need Homes" »

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Charges were filed recently by the Cole County Prosecutor’s Office against an Elston woman whose dog is believed to have bitten a 5-year-old boy. This article about a Missouri dog bite incident in the News Tribune claims that the 19-year-old Elston woman has been charged with one count of misdemeanor endangering the welfare of a child, and one count of misdemeanor animal abuse in connection with an incident which occurred on May 19, 2009.

The Cole County Sheriff’s Department said that the 5-year-old boy was released from the University of Missouri-Columbia Hospital after receiving treatment for a dog bite to the right side of his face. The child’s injury was described as a large cut from the bottom of his chin to near his right ear that required over 100 stitches to close.

The dog bite incident occurred around 8 p.m. while the boy was playing in the back yard of his home on Old Stage Road. The dog bite victim’s father claims that the boy was playing when a large brown Mastiff dog appeared and bit the child on his head. The dog’s owner told Cole County deputies that she was aware that her dog was running loose and knew of another incident this spring where her dog had bitten someone but wondered whether or not it had actually happened. After conducting an investigation, the Cole County Sheriff’s Department said that the same dog had bitten a 5-year-old girl riding her bicycle in March. The girl suffered two puncture wounds and the Missouri dog bite incident was witnessed by a member of her family.

Due to a miscommunication between the girl’s mother and the doctor who treated her wounds, the dog bite incident was never reported to law enforcement officials and investigated. A few days later, the girl’s grandmother spoke with a Cole County Animal Control officer about the dog bite incident and the officer informed the dog’s owner about her responsibilities to maintain control over the dog. The dog is also believed to have bitten a motorcycle rider although neither the rider nor a witness reported the dog bite incident to law enforcement authorities.

Continue reading "Missouri Dog Bite Incident Injures 5 Year Old Boy" »

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A recent dog bite injury lawsuit in Ohio was appealed after a finding that the victim’s damages were insufficiently determined. The initial dog bite lawsuit was filed in July 2006 for personal injuries stemming from a dog attack. Here, a young boy sustained severe injuries after a Rottweiler/ Shar-pei mix dog bit the boy on the head. He was rushed to the hospital for medical treatment.

The dog bite complaint filed by the minor boy and his mother set forth two negligence causes of action and one cause of action for strict liability. Ohio has a statute regulating dog bite incidents. The Ohio statute says the owner or keeper of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury is provoked.

The boy and his mother were directed by the court to either choose to file under the statutory, strict liability, or under common law negligence. However, by filing a statutory claim the plaintiffs would lose out on the possibility of recovering punitive damages under the negligence actions for evidence of prior attacks and bites by the dog.

Continue reading "Dog Bite Injury Lawsuit Breaks New Ground in Appeals Court" »

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Police officers are awarded certain immunities under the law for injurious incidents that arise out of the course of employment. Due to the dangerous nature of police work, this is no surprise. However, police officers are also required to exercise a reasonable amount of force in the course of law enforcement practices. Usually, any excessive force exercised by a police officer in the course of his/her duties may establish police or city liability for resulting damages.

The issue of reasonable force versus excessive force of police officers often comes about in reference to police dog use/abuse. Several courts have ruled on the issue of police liability after individuals attacked by police dogs have sustained severe, life-altering injuries. Courts vary on their decisions of police liability.

Generally speaking, officers are allowed to use dogs in order to catch or hold a person suspected of committing illegal acts, but only in reasonable circumstances. Claims in relation to the amount of force a police officer uses during the course of law enforcement are sometimes filed under the Civil Rights Act, which forbids unnecessary force during police apprehension and arrest.

Continue reading "Police Dog Attacks Given Special Protection" »

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Dogs bite an estimated five million Americans annually. When a dog attack occurs, insurance issues are commonly a topic of dispute. This is because several different insurance providers may be examined in determining liability, and compensation is generally provided through insurance companies. Insurance companies involved in dog bite claims range from insurance providers of landlords and employers, as well as homeowners and homeowner associations to human society providers and automobile insurers.

In a recent Missouri dog bite lawsuit, insurance issues became the main subject of dispute. In this case, the dog bite victim won a judgment against a dog owner and the trailer park court where the accident occurred. Both of the claims were for negligence and the dog bite victim was to be compensated for $75,000. However, the dog owner did not have funds to compensate the victim and did not have insurance either.

Generally, homeowners insurance and renters insurance provide at least some coverage for dog attacks; however certain vicious dog breeds may not be covered and all incidents and costs will not necessarily be covered either. If you are a dog owner, it is important to make sure that your homeowner or renter insurance policy has such coverage.

Without such coverage the dog owner will likely have to pay out-of-pocket costs, or the victim will be left without remedy for the injuries sustained, as in the case above. After realizing the dog owner would be unable to pay, the victim sought other means to secure the monies owed through the trailer parks commercial general liability insurance policy. The victim filed under this policy because the dog owner was also a real estate manager of the trailer park.

Continue reading "Proving Liability in Dog Bite Case an Obstacle" »

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It has been figured there are an estimated 4.7 million dog bites and dog attacks per year. The number continues to grow year after year as designer breeds become more popular. It has been further estimated that more than 800,000 of the dog bite injuries require medical attention.

For dog bite victims, medical bills are often well into the thousands of dollars. In addition to the significant bills, dog bite injuries often leave significant wounds and traumatizing memories. It is common for dog bite victims to be scared of dogs following an attack. What used to be known as a loveable animal is now viewed as a vicious creature.

Dog bite lawsuits in Missouri usually mean following the common law. Some Missouri personal injury attorneys say Missouri follows the one bite rule. Pursuant to the one bite rule, if your dog has never bitten anyone before, you are not typically found liable the first time your dog attacks.

Previous vicious propensities or dangerous behavior may be enough to satisfy the Missouri dog bite law. Dog bite cases are extremely fact specific. In this situation, the Plaintiff must show the dog owner knew or should have known of the dog's dangerous or vicious propensities.

Missouri dog bite cases are sometimes filed as premises liability cases. In this situation, the Plaintiff would argue the biting dog created a dangerous condition on the premises.

Continue reading "Annual Dog Bites and Attacks Approaching 5 Million" »

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A man from Texas is asking that his pit bull be returned to him after the dog was quarantined for biting three people. The man claims that his dog is not dangerous, and claims the dog only bit one man, his friend. Authorities will not allow the man to get his dog back unless he can provide proof of insurance coverage for dog bite injuries. The man has sought coverage from several insurance companies, but none were willing to insure his pit bull.

Insurance issues frequently arise in dog bite cases because insurance companies are typically the means by which hurt victims are compensated for their injuries. Although many homeowner insurance policies cover dog attacks, many do not and many do not offer coverage for specific breeds of dogs, like the pit bull above.

An experienced dog bite attorney will tell you pit bulls are widely recognized as an aggressive breed of dog and are frequently the cause of many dog attacks. Pit bulls are known to be dangerous by nature, which is why many insurance companies refrain from providing coverage for such animals.

Continue reading "Texas Pit Bull Bites 3, Owner Demands its Return" »

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A man was charged with a felony in Richmond, Texas after his dogs attacked a woman and killed her puppy. The man was indicted for failing to secure the dogs. The two dogs, pit bulls, were euthanized.

Pit bulls are generally classified as a dangerous dog breed with known vicious propensities. Dog bites resulting from breeds with dangerous propensities will likely result in the dog owner's liability, as courts often find the dog owner has seemingly taken on the possibility of a dangerous incident.

The pit bull classification means any pit bull terrier that is either Staffordshire Bull Terrier, American Staffordshire Terrier, or American Pit Bull Terrier dog or any mixed breed of those. There are other breeds of dogs that are also categorized as having vicious propensities such as German shepherds, wolf-dog hybrids and Dobermans.

Because some breed are known to be dangerous, some jurisdictions also have breed-specific regulations. These dog bite laws don't deal with the conduct of a dog, they simply regulate certain activities before any conduct may take place. An example of such could be a dog bite law that requires all Rottweilers to wear a muzzle in public.

Continue reading "2 Pit Bulls Attack Woman, Kill Puppy" »

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A 5-year-old girl had to get plastic surgery and 26 stitches after a black-and-white pit bull bit her left cheek in Wichita, Kansas. The dog owner, also the young girl's uncle, claims the dog was not dangerous and that girl provoked the dog. Animal control officials decided the dog should be euthanized; the owner appealed this decision but later dropped his appeal and relinquished the dog to officials. The appeal would have tested the city's new dangerous dog attack law, which determines if a dog has a vicious propensity based on the following factors:

1. The dog's history;
2. Its potential for biting;
3. Its living conditions, including the presence of children; and
4. The nature of a wound inflicted.

Further, a bite under this law could be justified if the dog were provoked or tormented.

The Corpus Juris Secundum (3B C.J.S. Animals § 323), a secondary source on the body of dog bite law compiling rulings from relevant court cases, a vicious propensity is generally defined as a propensity or tendency of an animal to do any act that might endanger the safety of the persons and property of others in a given situation.

Any propensity on the part of a domestic animal, which is likely to cause injury to human beings in situations where the party controlling the animal places him, is a dangerous or vicious propensity. It is not enough that there be potential danger, but there must be propensity, or a natural inclination to be dangerous.

Continue reading "Dog Attacks And 'Vicious Propensity' Laws" »

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Four people were bitten by dogs after two separate dog attacks on the same day in South Bend, Indiana. Three people were sent to the hospital, including a young boy. Both of the dogs were killed after the attack: police were forced to shoot one dog at the scene, and the other was euthanized after the city Animal Control Center took it in.

The incident with the young boy occurred while the boy was playing in his front yard with a friend. The family's German shepherd mix escaped through the back fence and bit the boy. The dog bit the boy in the face and bit the owner on the arm.

Not long after, the same police who were called to the previous dog bite attack were called to another home after a dog attacked two adults. The dog was inside a fence but busted through as well. The pit-bull mix attacked two men. Police first tried to taze the dog, but when that didn't work, police were forced to shoot it to death.

In both situations, no one knows why the dogs turned violent, and nobody provoked either dog. The injured parties have not filed any legal claims thus far; however, police arrested the owner of the dog for disorderly conduct after the police killed his dog.

In terms of the arrested owner and his dog, state law generally governs whether or not a lawsuit can be filed for shooting a pet, which usually depends on the state's view of an animal as personal property. However, when dealing with liability for shooting a harmful or dangerous dog, gravity and imminence of the harm resulting from the pet are considered, as well as the circumstances for shooting, such as self-defense.

Continue reading "Three Injured in Pair of Dog Attacks" »

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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.

Continue reading "Third Party Injuries in Missouri Dog Bite Cases" »

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A 24-years-old woman in Longville, Louisiana was killed in her home by two family-owned pit bulls while she was sleeping. One of the pit bulls was female and one male. It was suspected by the woman's family members that she may have had a seizure while sleeping and the dogs reacted to it. The dogs bit her several times, resulting in her death; no charges are expected to be filed in this Missouri Dog Bite Case.

Pit bulls are often deemed dangerous dogs. Animal People News found that 2 breeds accounted for 71% of all dog bite-related fatalities in 2007. They were pit bulls and rottweilers. Breed is one of the most important factors in determining the dangerous tendencies of a dog; however, the study also found that biters are over six times as likely to be male than female, 2.6 times as likely to be intact than neutered, and three times as likely to be chained as unchained.

It is suggested that dangerous dog owners take certain precautions to ensure that the likelihood of a dog attack will be reduced. The following are some recommendations:

1. Spay or neuter your dog- this can decrease aggression when done at an early age. The optimal age is between 6-9 months, particularly with male dogs.

2. Socialize your dog- by introduce your dog at an early age to community parks, family and friends, busy sidewalks and other animals, the less chance it will feel threatened in new experiences and the less likely it may choose to bite.

3. Exercise your dog- all dogs require exercise, but generally the dangerous, more robust breeds require much more.

4. Train your dog- obedience training trains the owner as much as it trains the dog; lack of obedience training can prove dangerous for the community.

Continue reading "7 Precautions That Can Help Prevent Missouri Dog Attacks" »

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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.

Continue reading "Dog Bite Attacks" »

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