A recent Kansas City, Missouri settlement of a child’s dog bite for $101,000.00 highlights the potential liability for homeowners with respect to dog bites. Although this settlement was the result of a 2008 dog bite, the Missouri legislature enacted a new law in 2009 which imposes strict liability upon homeowners if their pet bites or attacks any individual. The new statute is found in §273.036 of the Missouri Revised Statutes. The statute provides that any landowner whose pet causes harm to another is strictly liable, regardless of whether or not there was any prior history of dangerous propensity.
Under the old Missouri law, the landowner had to be put on notice with respect to the animal’s dangerous propensity. The law went back to the old days of dangerous bulls, and Missouri law was pro-farmer in that it shielded most landowners from liability unless they had evidence of a prior dangerous act.
The new law seeks to do away with the so-called “one bite rule” and imposes a strict liability for any homeowner whose animal causes harm to another.
Dog bite cases are typically litigated over the issue of whether or not the landowner had knowledge of the dangerous propensity or prior attacks. The new statute creates a new landscape, which is also concerning insurance companies. A recent report from PropertyCasualty360.com highlights the cost to insurance companies. In the fiscal year 2010, State Farm paid out over $90 million to settle 3,500 dog bite claims nationally. Stricter laws regarding dog bites and pet owner liability have spurred insurance companies to restrict coverage or to charge extra premiums for homeowners who keep animals. This is especially true of homeowners who keep the so-called vicious breeds, such as Pit Bulls, German Shepherds, Chows, Dobermans and Mastiffs. The so-called biting dogs often lead the list of animal attacks. Certainly the Missouri laws would cause insurance companies pause because they no longer have the protection of the one-bite rule.
In evaluating dog bite claims, experienced personal injury attorneys like the Meehan Law Firm look at the actual medical costs and then oftentimes the cost of future plastic surgery to repair bites, which typically affect the arms, neck, hand and face. Children are oftentimes the victims of dog bites since they sometime spook animals with their sudden movements and erratic behavior. Children are also sympathetic plaintiffs, and settlements are often structured.
If you or a loved one have been the victim of a dog bite case, you should consult an experienced attorney such as the Meehan Law Firm. We stand ready, willing and able to assist you in an evaluation of any type of attack.