Dog bite injuries are more common than many people realize, with over 4.5 million Americans bitten by dogs each year according to the American Veterinary Medical Association. In rental properties throughout Missouri, from Kansas City apartments to St. Joseph duplexes, determining who pays for these injuries can be complex and confusing.
When a dog bite occurs on rental property, both tenants and landlords often wonder who bears financial responsibility. The answer depends on Missouri law, the specific circumstances of the incident, and the relationship between the dog, the property owner, and the injured person. Understanding these legal distinctions can mean the difference between receiving full compensation and being left with mounting medical bills.
This guide explains Missouri’s dog bite laws and how they apply to rental properties, helping you understand your rights and options if you’ve been injured.
Missouri Dog Bite Law – Who’s Strictly Liable?
Missouri follows a strict liability rule for dog bite injuries, which makes the state more favorable to injury victims than many others. Under Missouri Revised Statutes Section 273.036, dog owners are automatically liable for injuries their dogs cause, regardless of whether the dog has bitten anyone before or whether the owner knew the dog was dangerous.
What Strict Liability Means:
- The dog owner is responsible for damages even if they had no prior knowledge of aggressive behavior
- Victims don’t need to prove the owner was negligent or careless
- The “one bite rule” that exists in some states doesn’t apply in Missouri
- Owners cannot escape liability by claiming their dog was normally gentle
Important Exceptions:
Missouri’s strict liability rule has some limitations. Dog owners may not be liable if:
- The victim was trespassing on private property
- The victim was committing a crime when bitten
- The victim provoked or tormented the dog
These exceptions become particularly important in rental property situations where questions of lawful presence and property boundaries can be complex.
When Is the Landlord Responsible?
While dog owners typically bear primary responsibility, landlords can also face liability for dog bite injuries under specific circumstances. Understanding when landlords become responsible helps ensure all liable parties are held accountable:
Knowledge of Dangerous Dog:
- If the landlord knew or should have known that a tenant’s dog was dangerous or had previously bitten someone
- When the landlord received complaints about aggressive behavior but failed to take action
- If the lease specifically prohibited pets but the landlord allowed the dog to remain
Common Area Incidents:
- Bites occurring in hallways, stairwells, lobbies, or other shared spaces
- Incidents in parking areas, courtyards, or communal outdoor spaces
- When the landlord controls and maintains the area where the bite occurred
Lease Violations and Negligent Oversight:
- If the tenant violated lease terms by having an unauthorized pet
- When the landlord knew about lease violations but failed to enforce them
- If the landlord negligently allowed dangerous conditions to persist
Premises Liability Factors:
- Poor lighting or inadequate security in common areas
- Failure to maintain safe conditions that contributed to the incident
- Negligent screening of tenants with known dangerous animals
When Is the Tenant Responsible?
Tenants face liability for dog bite injuries in most situations involving their pets or dogs under their control:
Dog Ownership or Control:
- When the tenant owns the dog that caused the injury
- If the tenant is keeping or caring for someone else’s dog
- When the tenant has control over the dog’s behavior and access
Failure to Properly Restrain:
- Not keeping the dog on a leash in areas where required
- Allowing the dog to roam freely in common areas
- Failing to properly secure the dog within their rental unit
Inadequate Warning:
- Not warning visitors, delivery persons, or maintenance workers about an aggressive dog
- Failing to post appropriate warning signs when required
- Not taking reasonable precautions to prevent foreseeable injuries
Lease Violations:
- Keeping a dog in violation of lease terms
- Harboring banned breeds when prohibited by rental agreements
- Failing to comply with pet deposit or insurance requirements
The tenant’s liability can extend beyond just medical bills to include lost wages, pain and suffering, and other damages recognized under Missouri law.
What Should You Do If You’re Bitten?
Taking the right steps immediately after a dog bite can protect your health and strengthen any potential legal claim:
Seek Immediate Medical Attention:
- Get professional medical evaluation even for seemingly minor bites
- Dog bites can cause serious infections, nerve damage, and scarring
- Document all medical treatment and follow all prescribed care
- Keep detailed records of medical expenses and treatment
Report the Incident:
- Contact local animal control or police to file an official report
- Notify the property manager or landlord about the incident
- Ensure the dog is quarantined and tested for rabies if necessary
- Get copies of all official reports for your records
Gather Evidence:
- Take photographs of your injuries, the scene, and the dog if safely possible
- Get contact information from witnesses who saw the attack
- Document torn clothing, damaged property, or other physical evidence
- Keep records of any communications with landlords or dog owners
Contact Legal Counsel:
- Consult with an experienced dog-bite-lawyer who understands Missouri law
- Legal representation becomes especially important when multiple parties may be liable
- An attorney can investigate all potential sources of compensation
- Professional legal guidance helps navigate insurance claims and settlement negotiations
Understanding your rights extends beyond dog bite injuries to other legal situations you might encounter. Whether you need assistance from a slip-and-fall-lawyer for premises liability issues, an employment-lawyer for workplace problems, a car-accident-lawyer for vehicle injuries, or a wrongful-death-lawyer for tragic losses, knowing when to seek legal help protects your interests.
Connect to Related Legal Rights
Personal injury law intersects with many other legal areas that might affect your situation. Just as we’ve discussed dog bite liability in rental properties, other legal issues can impact your rights and remedies.
For instance, if you’re dealing with workplace-related injuries or disputes, understanding resources like “Top 5 Mistakes Employees Make When Reporting Workplace Misconduct“ can help protect your employment rights. Similarly, if you’re facing retaliation for reporting safety issues, information about “Know Your Rights: What Counts as Employer Retaliation in Missouri?” becomes valuable.
When reviewing rental agreements or any legal documents, knowledge about “How to Spot a Hidden Arbitration Clause Before You Sign” helps protect your right to pursue court remedies. If you’ve already signed agreements with problematic terms, understanding “Can You Still Sue If You Signed an Arbitration Clause?” can reveal available options.
For those dealing with workplace safety or reporting violations, resources about “Whistleblower Laws in Kansas vs. Missouri: What You Should Know” provide important protections that complement personal injury rights.
These interconnected legal protections work together to safeguard your rights across different areas of law, ensuring comprehensive protection when you need it most.
Protect Your Rights After a Dog Bite Injury
Dog bite injuries in rental properties involve complex legal questions about liability, insurance coverage, and available remedies. Missouri’s strict liability law provides strong protection for injury victims, but determining all responsible parties requires thorough investigation and legal expertise.
Don’t let confusion about landlord versus tenant responsibility prevent you from seeking the compensation you deserve. Whether your injury occurred in a Kansas City apartment complex, a St. Joseph rental home, or anywhere else in Missouri, understanding your rights is the first step toward recovery.
The experienced legal team at Murphy, Kinney & Sumy, LLC understands the complexities of dog bite cases involving rental properties. We know how to investigate all potential sources of liability and fight for maximum compensation for our clients’ injuries.
Contact us today for a free consultation about your dog bite injury. We’ll review the circumstances of your case, explain your legal options, and help you understand what compensation may be available. You won’t pay attorney fees unless we recover compensation for you.
Don’t wait—Missouri law imposes time limits on personal injury claims, and evidence can disappear quickly. Call Murphy, Kinney & Sumy, LLC now and take the first step toward getting the justice and compensation you deserve for your dog bite injury.
Frequently Asked Questions
Can a landlord be sued for a dog bite in Missouri?
Yes, landlords can be sued for dog bite injuries under specific circumstances in Missouri. If the landlord knew or should have known about a dangerous dog, failed to address lease violations involving pets, or if the bite occurred in common areas under the landlord’s control, they may face liability alongside the dog owner. The key factors are the landlord’s knowledge of the danger and their degree of control over the situation.
What happens if I was bitten in a shared hallway or stairwell?
If you were bitten in a shared area like a hallway or stairwell, both the dog owner and potentially the landlord may be liable. The landlord typically has responsibility for maintaining safe conditions in common areas. If they knew about a dangerous dog accessing these spaces or failed to enforce lease restrictions, they could face premises liability claims in addition to the dog owner’s strict liability under Missouri law.
What if the dog belonged to a visitor?
If a visitor’s dog bites you on rental property, the visitor (dog owner) bears primary responsibility under Missouri’s strict liability law. However, if the tenant knew the visiting dog was dangerous and failed to take precautions, or if the landlord was aware of the dangerous dog and allowed access to common areas, additional parties might share liability. The specific circumstances determine who can be held responsible.
Do I have to prove the landlord knew the dog was dangerous?
For landlord liability, you typically need to show the landlord knew or should have known about the dog’s dangerous propensities. This can be proven through complaints from other tenants, previous bite incidents, aggressive behavior reports, or violations of lease pet policies that the landlord ignored. However, if the bite occurred in common areas, the landlord’s general duty to maintain safe premises may create liability even without specific knowledge of the dog’s danger.
How long do I have to file a dog bite lawsuit in Missouri?
In Missouri, you generally have five years from the date of the dog bite to file a personal injury lawsuit. However, it’s crucial to act quickly to preserve evidence, gather witness statements, and ensure proper medical documentation. Additionally, if government entities are involved (such as in public housing), much shorter notice periods may apply. Consulting with a dog-bite-lawyer immediately helps ensure you don’t miss critical deadlines.
