We'll analyze some vital points of Missouri state laws as they refer to dog bite cases, consisting of the due dates for filing a Missouri dog bite lawsuit in court. We'll also take a look at Missouri's dog bite statutes and Missouri's status as a "strict liability" dog bite state.
If you have been attacked by a dog and have no idea what the next step might be, call the St. Louis dog bite attorneys Meyerkord & Kurth for information on how to move forward with your potential case.
Missouri law sets a due date for submitting any personal injury case in a state court, consisting of dog bite cases. In Missouri, a wounded person has five years beneath the state's statute of limitations to bring a dog bite case to court. This five-year due date typically begins running on the date of the injury.
It's important to understand when the deadline expires in your case since it influences whether the court will certainly agree to hear your claim. If you file after the five-year deadline has expired, a Missouri court will choose not to hear your case.
Missouri utilizes a "strict liability" rule when it pertains to dog bites. "Strict liability" indicates that the dog's owner is liable if the dog bites an individual, even if the owner did not understand and could not have known the dog would be aggressive. The alternative policy, made use of in some states, is the "one bite" guideline, which requires the dog's owner to have actually known the dog would likely bite in order to be held accountable. Missouri does not follow the "one bite" policy.
Missouri's stringent liability guideline only applies to injuries caused by dog bites. If an injury is triggered by some other dog habits, like jumping, the injured person will certainly have to bring a standard neglect case in order to demonstrate that the dog's owner must be held responsible for damages.
Missouri has three commonly-used arguments against dog bite cases: relative carelessness, provocation, trespassing.
Missouri's dog bite statute specifies that the dog's owner is not responsible for a bite if the bitten individual provoked the dog. If a person jabs a dog consistently with a stick and the dog reacts by biting the individual, the owner might not be held liable.
Missouri's dog bite statute defines that the bitten individual has to be either on public equipment or "lawfully" on private commercial property. If an individual is trespassing and is bitten by a dog, the dog's owner may not be responsible for the bite.
Missouri's dog bite law permits dog bite owners to say that the individual bitten was partly or totally responsible for the injury. If an individual injured by a dog bite is found to be 80 percent liable for the injury, the court will decrease the overall damages cost by 80 percent, leaving the wounded person with a 20 percent cost.
If you have been bitten by a dog and have no idea what the next step might be, call the St. Louis dog bite attorneys Meyerkord & Kurth for information on how to move forward with your potential case.