Missouri Dog Bite Laws: Liability and Victim Rights

Missouri imposes strict liability on dog owners under Mo. Rev. Stat. § 273.036: any owner whose dog bites a person without provocation is liable for all resulting damages, regardless of whether the owner knew the dog was dangerous. The victim must have been lawfully present and must not have provoked the dog.

Estimate your claim: Use our free Missouri Dog Bite Settlement Calculator to see a rough settlement range based on the medical bills, the bite location, the victim's age, and Missouri's liability rule.

How Missouri Dog Bite Liability Works

Missouri is a strict liability state for dog bites. Under Mo. Rev. Stat. § 273.036, the owner or possessor of any dog that bites a person without provocation is liable for all damages the victim suffers. The owner's prior knowledge of the dog's aggressive tendencies does not matter.

This strict liability framework covers both personal injuries and property damage. Dog owners and possessors are also strictly liable for damage to property or livestock proximately caused by their dogs. One large category is carved out: the final sentence of § 273.036(1) states that the section does not apply to dogs killing or maiming sheep or other domestic animals under Mo. Rev. Stat. § 273.020. Those claims run under § 273.020 instead, which lets the owner of the killed or maimed animals recover the full amount of damages, requires the dog owner to kill the dog after notice, and lets the plaintiff elect to join the owners of multiple dogs as joint tortfeasors or sue each one separately.

To recover under this statute, the victim must prove three things:

• The defendant owned or possessed the dog.
• The dog bit the victim.
• The bite happened without provocation.
• The victim was on public property or lawfully on private property at the time.

Section 273.036 reaches bites only. An injury that does not involve a bite, such as a knockdown or a scratch, falls outside the strict liability statute and has to be pursued under ordinary negligence principles.

Missouri does not follow the "one-bite rule" that some states use. A dog does not get one free bite before the owner faces liability.

A party held liable under § 273.036 must also pay a civil fine of up to $1,000 under subsection 2 of that statute, separate from any damages awarded to the victim.

Comparative Fault in Missouri Dog Bite Cases

Missouri applies a comparative fault standard to dog bite claims. Under § 273.036, if the injured person shares some responsibility for the incident, the damages owed by the dog owner are reduced by the percentage of fault attributed to the victim.

For example, if a court determines the victim was 20% at fault for provoking the dog, the total damages award is reduced by 20%. Missouri uses a pure comparative fault system, so even a victim who is 90% at fault can still recover 10% of their damages. Every percentage point assigned to you comes off the award, so get a free consultation from a Missouri personal injury lawyer on answering any claim that you provoked the dog (attorney advertising).

Common ways a victim might share fault include:

• Teasing, tormenting, or hitting the dog
• Ignoring warning signs or barriers
• Entering a clearly marked restricted area
• Handling the dog in a way that triggered a defensive reaction

Defenses Available to Dog Owners

Even under strict liability, Missouri law provides several defenses for dog owners.

Provocation

If the victim provoked the dog through teasing, hitting, or other aggressive behavior, the owner may reduce or eliminate liability. The provocation must be significant enough to cause a normally calm dog to bite.

Trespassing

Strict liability under § 273.036 requires the victim to be lawfully present on the property. If the victim was trespassing, the strict liability statute does not apply. However, owners may still face liability under general negligence principles in some trespassing situations, particularly when children are involved.

Assumption of Risk

People who knowingly accept the risk of a dog bite, such as veterinarians, dog groomers, or kennel workers, may have limited recovery. Courts evaluate whether the person understood and voluntarily accepted the specific risk involved.

Criminal Activity Exception

Under Mo. Rev. Stat. § 578.024(5), an owner is not criminally or civilly liable, and the dog cannot be ordered destroyed, if the dog attacks or bites a person who was engaged in or attempting to engage in criminal activity at the time of the attack. This exception applies to both the criminal penalties in § 578.024 and civil claims under § 273.036. It does not cover ordinary trespass under § 569.150, or trespass by a person under age 12 under § 569.140, unless that person was also engaged in or attempting other criminal activity.

Damages You Can Recover After a Dog Bite

Missouri dog bite victims can pursue both economic and non-economic damages.

Economic Damages

• Emergency room visits and hospital stays
• Surgery, including reconstructive and plastic surgery
• Medication and physical therapy
• Future medical treatment
• Lost wages and lost earning capacity
• Property damage (torn clothing, broken items)

Non-Economic Damages

• Pain and suffering
• Emotional distress and anxiety
• Scarring and disfigurement
• Loss of enjoyment of life
• Post-traumatic stress disorder (PTSD)

Punitive Damages

Missouri allows punitive damages when the dog owner acted with deliberate and flagrant disregard for the safety of others. The victim must prove this standard by clear and convincing evidence. Courts may award punitive damages when an owner knew a dog was dangerous and took no steps to protect others. Any punitive damages award is capped under Mo. Rev. Stat. § 510.265 at the greater of $500,000 or five times the net amount of the judgment awarded to the plaintiff.

Missouri does not impose a statutory cap on compensatory damages in standard dog bite cases. When more than one defendant is found liable, Mo. Rev. Stat. § 537.067 governs how the judgment is allocated among them: a defendant found 51% or more at fault is jointly and severally liable for the full judgment, while a defendant found less than 51% at fault is responsible only for their assigned percentage.

Statute of Limitations for Missouri Dog Bite Claims

Under Mo. Rev. Stat. § 516.120, victims have five years from the date of the dog bite to file a personal injury lawsuit. This deadline applies to both strict liability claims under § 273.036 and negligence-based claims.

Important exceptions to this deadline include:

• Minors: The statute of limitations is tolled (paused) until the child turns 21, then the five-year period begins.
• Discovery rule: If the full extent of injuries was not immediately apparent, the clock may start from the date the injury was discovered or should have been discovered.
• Government claims: If the dog owner is a government entity or employee, shorter notice deadlines may apply.

Waiting too long weakens a case. Witnesses forget details, evidence disappears, and medical records become harder to connect to the incident. Filing sooner is always better.

Criminal Penalties for Dog Owners in Missouri

Missouri imposes criminal penalties on dog owners through Mo. Rev. Stat. § 578.024. A person commits the offense of "keeping a dangerous dog" if they own a dog that has previously bitten a person or domestic animal without provocation and that dog bites someone on a later occasion.

The penalties escalate based on the severity of the injury:

These penalty ranges come from Mo. Rev. Stat. § 558.011 (imprisonment terms) and Mo. Rev. Stat. § 558.002 (fine amounts; the prior fine statute, § 560.016, was repealed effective 1/1/2017).

Dog Impoundment and Destruction

Under § 578.024, if a dog that has previously bitten someone bites again, or if any dog attacks and causes serious injury or death, the dog is seized immediately by an animal control authority or the county sheriff, not by court order. The dog is impounded and held for ten business days after the owner or possessor receives written notification, and is destroyed after that period unless the owner has filed a written appeal. The owner or possessor may file a written appeal to the circuit court to contest the impoundment and destruction; if the appeal is filed with proper notice, the dog remains impounded and is not destroyed while the appeal is pending. The court must hold a disposition hearing within 30 days of the filing of the appeal to decide whether the dog will be humanely destroyed.

Dangerous Dog Designations

Missouri does not have a single statewide "dangerous dog registry." Instead, the dangerous dog framework operates through § 578.024 and local municipal ordinances. A dog is considered dangerous under state law when it has previously bitten a person or domestic animal without provocation.

Many Missouri municipalities have adopted their own dangerous dog ordinances that go further than state law. These local rules may require owners of designated dangerous dogs to:

• Maintain liability insurance (often $100,000 or more)
• Keep the dog in a secure, escape-proof enclosure
• Use a muzzle and leash whenever the dog is in public
• Post visible warning signs on the property
• Microchip the dog and register it with animal control
• Spay or neuter the dog

Check your city or county ordinances for specific local requirements.

Breed-Specific Legislation in Missouri

Missouri does not have a statewide ban on any particular dog breed. However, Missouri also does not preempt local governments from enacting breed-specific legislation (BSL). This means individual cities and counties can restrict or ban specific breeds.

Many Missouri municipalities have some form of breed-specific law, and a number of those ordinances ban pit bulls outright. Breeds commonly targeted by local BSL include:

• Pit bulls and pit bull-type mixes
• Rottweilers
• Doberman Pinschers

Statewide BSL preemption bills have been introduced in the Missouri legislature in past sessions, but none has been enacted, so no statewide preemption is in effect. At the same time, a growing number of municipalities have voluntarily repealed their breed-specific bans in favor of behavior-based dangerous dog laws.

If you own a restricted breed, check your local ordinances before moving to a new Missouri municipality.

Dog Owner Responsibilities Under Missouri Law

Missouri dog owners have several legal obligations that can affect liability in a bite case.

Leash Laws

Missouri does not have a statewide leash law. Leash requirements are set by individual cities and counties. Most Missouri municipalities require dogs to be leashed in public areas. Violating a local leash law can serve as evidence of negligence in a dog bite case.

Rabies Vaccination

Missouri law requires dogs to be vaccinated against rabies. Local health departments enforce vaccination requirements, and failure to vaccinate can result in fines and additional liability if an unvaccinated dog bites someone.

Confinement

Dog owners must keep their dogs securely confined on their property. A dog that escapes and bites someone strengthens the victim's case, especially if the enclosure was inadequate.

Licensing

Most Missouri jurisdictions require dogs to be licensed and registered with local animal control. Licensing helps identify dog owners after a bite incident.

Landlord Liability for Dog Bites in Missouri

Missouri landlords may face liability for a tenant's dog bite under certain conditions. While the strict liability statute (§ 273.036) applies to the dog's owner or possessor, landlords can be held liable under general negligence principles if:

• The landlord knew or should have known that a tenant's dog was dangerous.
• The landlord had the authority to remove the dog or require the tenant to remove it.
• The landlord failed to take reasonable steps to protect others.

Evidence that strengthens a claim against a landlord includes prior complaints about the dog, visible signs of aggression, inadequate fencing or gates on the rental property, and failure to enforce pet policies in the lease.

Landlords should include clear pet policies in lease agreements, require tenants with dogs to carry renter's insurance with liability coverage, and act promptly when they receive complaints about aggressive animals.

Steps to Take After a Dog Bite in Missouri

If a dog bites you or a family member in Missouri, take these steps to protect your health and legal rights:

1. Get medical treatment immediately. Even minor bites can lead to infection. Keep all medical records and receipts.
2. Report the bite to animal control. File a report with your local animal control agency and, if the injury is serious, with the police. This creates an official record of the incident.
3. Document the scene and your injuries. Take photographs of the bite wound, the location where it happened, the dog (if safe to do so), and any torn clothing or damaged property.
4. Identify the dog and its owner. Get the owner's full name, address, phone number, and homeowner's or renter's insurance information.
5. Collect witness information. Get the names and contact details of anyone who saw the attack.
6. Preserve physical evidence. Keep torn or bloodied clothing in a sealed bag. Do not wash or discard it.
7. Track your expenses and impacts. Keep a log of medical bills, lost workdays, pain levels, and how the injury affects your daily life.
8. Consult a personal injury attorney. A lawyer experienced in Missouri dog bite cases can evaluate your claim, identify all liable parties, and handle negotiations with insurance companies.

How to File a Dog Bite Claim in Missouri

Most Missouri dog bite claims follow one of two paths:

Insurance Claim

The dog owner's homeowner's or renter's insurance policy typically covers dog bite liability. You or your attorney files a claim with the owner's insurance company. The insurer investigates and may offer a settlement. Missouri does not require dog owners to carry specific dog bite insurance, but standard homeowner's policies usually cover these incidents.

Lawsuit

If the insurance company denies the claim, offers an inadequate settlement, or if the dog owner has no insurance, you can file a personal injury lawsuit in Missouri circuit court. You must file within the five-year statute of limitations. Many attorneys handle dog bite cases on a contingency fee basis, meaning you pay nothing unless you recover compensation.

More Missouri Laws

• Missouri Slip and Fall Laws
• Missouri Statute of Limitations

Frequently Asked Questions

Is Missouri a strict liability state for dog bites?

Yes. Under Mo. Rev. Stat. § 273.036, dog owners and possessors are strictly liable for bite injuries and property damage. The victim does not need to prove the owner knew the dog was dangerous. The victim must show they were lawfully present and did not provoke the dog.

How long do I have to file a dog bite lawsuit in Missouri?

You have five years from the date of the bite to file a personal injury lawsuit under Mo. Rev. Stat. § 516.120. For minors, the statute of limitations is paused until the child turns 21, and the five-year period begins at that point.

Can a dog be put down after biting someone in Missouri?

Yes. Under Mo. Rev. Stat. § 578.024, a dog is automatically seized and impounded by animal control or the county sheriff if it bites someone after a prior unprovoked bite, or if it causes serious injury or death in any attack. The dog is held for ten business days after written notice to the owner and destroyed after that period unless the owner files a written appeal with the circuit court. If an appeal is filed, the dog stays impounded while it is pending, and the court must hold a disposition hearing within 30 days of the filing.

What damages can I recover in a Missouri dog bite case?

You can recover economic damages (medical bills, lost wages, future treatment costs, property damage) and non-economic damages (pain and suffering, emotional distress, scarring, loss of enjoyment of life). Punitive damages are available if the owner acted with deliberate disregard for safety.

Can a landlord be held liable for a tenant's dog bite in Missouri?

A landlord may be liable under negligence principles if they knew or should have known the tenant's dog was dangerous, had the authority to require removal of the dog, and failed to take reasonable steps to protect others. The strict liability statute applies to the dog's owner or possessor, not typically to landlords unless they also possessed the dog.