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Your Rights After a Non-Aggressive Dog Attack

December 18, 2023 | Dog Bite Laws

Dog's pawsDogs are man’s best friend. They are beloved pets that can bring a lot of joy to our lives. Unfortunately, they are still animals and, as a result, can react in ways we won’t expect. While being attacked by a dog is an unfortunate incident that places the owner in an uncomfortable position, victims have the right to secure fair compensation for their injuries. In the aftermath of a non-aggressive dog attack, understanding your rights and navigating the legal process can be a daunting task. Fortunately, you don’t need to do it alone. A dog bite lawyer can not only help guide you through the legal process, but if you know the dog owner, they can help you maintain that relationship.

With decades of experience handling personal injury cases, The Attorneys of Goza & Honnold are committed to thoroughly investigating your situation and ensuring your rights are protected. Let Goza & Honnold guide you through the legal process, taking on your case so you can focus on your recovery. We understand the complexities of Missouri’s dog-bite laws and offer free consultations to discuss the specifics of your case. Don’t navigate the legal process alone–reach out to Goza & Honnold today for the support and advocacy you deserve.

Understanding Non-Aggressive Dog Attacks

Non-aggressive dog attacks can be just as devastating as aggressive ones, causing severe injuries and substantial medical expenses. It is essential to understand what constitutes a non-aggressive dog attack and the importance of seeking medical attention immediately after the incident.

Definition of a Non-Aggressive Dog Attack

A non-aggressive dog attack occurs when a dog’s actions, although not intended to be harmful, result in injury to a person. This can happen when a dog jumps on someone, causing them to fall, or when a dog darts in front of a bicycle, causing an accident. Non-aggressive dog attacks can also occur when a dog chases a child into a dangerous situation. These incidents, while not stemming from aggressive behavior, can still lead to significant harm and require legal attention.

Examples of Non-Aggressive Dog Attacks

Examples of non-aggressive dog attacks include:

  • A dog jumping on someone, causing them to fall and sustain injuries
  • A dog darting in front of a bicycle, causing an accident
  • A dog chasing a child into a dangerous situation
  • A dog’s playful behavior causing injury to a person

These scenarios highlight how a dog’s playful or excited behavior can inadvertently lead to serious injuries, underscoring the importance of understanding and addressing non-aggressive dog attacks.

Importance of Seeking Medical Attention

If you or anyone else has been hurt in a dog attack, it is crucial to seek medical attention right away, even if the injuries seem minor. Documenting your injuries through medical records is an essential step if you decide to pursue compensation later. Acting promptly is important, as there may be time limits on when you can take legal action. Immediate medical attention not only ensures your health and safety but also strengthens your dog bite case by providing clear evidence of the injuries sustained.

Seeking Compensation After a Non-Aggressive Dog Attack

When you’ve been a victim of a non-aggressive dog attack, it’s crucial to understand your rights and the avenues available to recover fair compensation. In dog bite cases, understanding the legal processes and the responsibilities of dog owners is essential.

Pursuing Compensation for Non-Bite Injuries

While Missouri’s strict liability statute primarily applies to dog bites, victims of non-bite injuries are not left without recourse. Understanding the nuances of liability when the owner is negligent, the concept of negligence per se, and strict liability for owners of “abnormally” dangerous dogs is crucial.

  • Liability when the owner is negligent: To prove negligence, it’s essential to show that the dog owner had a duty to take reasonable care to control the dog, that the duty was violated, and the violation directly caused your injuries. This includes considering the owner’s knowledge of their dog’s behavior. Additionally, understanding the dog’s aggressive tendencies can impact the accountability of dog owners in various jurisdictions.
  • Negligence per se: Missouri employs negligence per se, a rule that deems an owner’s behavior negligent if they violate a law designed to protect the public, resulting in harm to another person.
  • Strict liability for owners of “abnormally” dangerous dogs: If a dog’s behavior is deemed “abnormally” dangerous, owners can be held strictly liable for non-bite injuries. The focus is on whether the dog’s behavior presents a foreseeable danger that goes beyond typical canine habits.

Securing fair compensation after a non-aggressive dog attack involves navigating a complex legal terrain. Understanding your rights under Missouri’s strict liability laws, exploring avenues for compensation for non-bite injuries, and being aware of potential defenses employed by dog owners are vital aspects of seeking justice.

Missouri’s Strict Liability for Dangerous Dogs

Missouri’s dog-bite laws operate under strict liability, offering a significant advantage to victims. Dangerous dog laws in Kansas City further define and distinguish between dangerous and potentially dangerous dogs, outlining specific requirements for dog owners and emphasizing severe penalties. Unlike some states that require proving the owner’s prior knowledge of a dog’s aggressive tendencies (the “one-bite” rule), Missouri holds dog owners automatically responsible for bite injuries and property damage caused by their pets. To seek compensation, you need to establish three key elements:

  • You were injured by a dog bite
  • The incident occurred while you were on public property or lawfully on private property
  • You did not provoke the attack

This strict liability provision extends to compensation for damages, and dog owners can also face fines up to $1,000 in addition to paying damages to the victim.

Dog Owner Responsibilities

Dog owners have a responsibility to ensure their pets do not pose a threat to others. This includes following restraint and muzzling requirements, especially for dangerous dogs.

Restraint and Muzzling Requirements

In many jurisdictions, dog owners are required to restrain and muzzle their dogs, especially if they are considered dangerous. This can include:

  • Keeping the dog on a leash or in a secure enclosure
  • Muzzling the dog when it is in public
  • Ensuring the dog is under the control of a responsible person
  • Posting warning signs on the property to alert others of the dog’s presence

These measures are crucial in preventing dog attacks and ensuring public safety. By adhering to these requirements, dog owners can significantly reduce the risk of their pets causing harm to others.

By understanding non-aggressive dog attacks and dog owner responsibilities, individuals can take steps to prevent such incidents and ensure their rights are protected in case of an attack. Whether you are a victim seeking compensation or a dog owner aiming to comply with the law, being informed is the first step towards safety and justice.

Contact Our Experienced Dog Bite Lawyer Today

In the aftermath of a non-aggressive dog attack, understanding your rights and navigating the legal complexities can be challenging, but you don’t have to face it alone. By contacting an experienced attorney, you can ensure you have the best possible chance of obtaining full and fair compensation.

For personalized, experienced legal assistance tailored to your specific case, contact Goza & Honnold. With decades of expertise in personal injury cases, we are well-equipped to thoroughly investigate your situation, ensuring that your rights are upheld. Let Goza & Honnold be your advocate in pursuing fair compensation, allowing you the peace of mind to focus on your recovery. Take the first step towards justice by scheduling a free consultation with Goza & Honnold through our contact form or by calling (913) 451-3433

A dog’s owner may face significant responsibilities and potential financial consequences if their pet injures another animal or person. Understanding these liabilities, especially under Kansas law, is crucial.

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Legally Reviewed by

Goza & Honnold
Kansas City Attorneys

February 23, 2025

Goza & Honnold, a trusted personal injury law firm serving Missouri and Kansas, is known for our dedication to client advocacy and trial excellence. With a strong focus on auto accidents, medical negligence, and product liability cases, our experienced attorneys work diligently to secure fair outcomes while being fully prepared to take cases to trial when necessary. We work closely with our clients to build strong cases that reflect their unique experiences.