Dogs are fiercely loyal animals, which can give your family a sense of safety. However, when your pup is forced to protect its home and family, you might find yourself on the wrong end of a personal injury lawsuit. If you’re involved in this type of case, here’s what you need to know before meeting with your attorney.
An Overview of Missouri’s Dog Attack Law
Under Missouri law, dog owners can be sued for personal injury if their dog injures someone on public property without provocation. In such cases, the law holds owners strictly liable if the injury was inflicted by a bite. However, injuries not inflicted by bites only result in liability when the owner is negligent—meaning, they failed to take reasonable precautions, such as keeping their dog on a leash.
Strict liability dog attacks can also lead to classifications, such as a “dangerous dog.” Owners will be guilty of a Class B misdemeanor for subsequent attacks resulting in injury or a Class A misdemeanor if the subsequent attack causes serious damages.
In regards to a dangerous dog that inflicts a serious injury, if they cause another serious injury in the future, the owner can be guilty of a Class E felony. Finally, if a dog attacks and kills someone, you could be guilty of a Class D felony. As the classification of misdemeanor or felony increases in severity, so do the punishments—some of which carry mandatory prison sentences upon conviction.
How to Defend Yourself From Criminal or Civil Charges
Regardless of the severity of a dog-inflicted injury, the owner can successfully mount a criminal defense if they can prove that their dog was provoked or that the victim was trespassing on private property.
No matter the case, act swiftly to gather any pertinent evidence. Take photographs of where the attack initially occurred and where the injury was inflicted to show that your dog was acting to protect your home and private property. If the victim provoked your dog, identify any nearby witnesses who can verify what occurred to show that your dog was not the aggressor in the altercation.
If your dog was defending you from an attack, call the police to report the incident and press charges against your attacker. This way, you’ll have a written record supporting your side of the story.
Don’t wait to see if the victim takes legal action against you; hire a skilled, experienced lawyer to represent you. The attorneys at Coyne, Cundiff & Hillemann, P.C. have extensive experience representing residents of St. Charles County, MO, in personal injury cases. Visit their website or call them at (636) 561-5599 to learn more about their attorneys.