Who is Liable When an Adopted Dog Bites? Shelter vs. Owner Liability?
Can the Humane Society Be Held Liable for Selling a Dog That Bites?
When a dog bites someone in St. Louis or Columbia, the path to justice isn’t always a straight line. We often hear the question: “This dog was just adopted from a shelter. Is the Humane Society responsible for adopting out a dangerous animal?”
It’s a fair question. If a shelter knew a dog had aggressive tendencies and didn’t warn the new owner, shouldn’t they be held accountable?
The short answer under Missouri law is usually “no.” Once the leash is handed over, the liability shifts entirely to the new owner. Here is what you need to know about shelter liability and how to recover compensation if you’ve been injured.
What Happened in Miles v. Rich v. Humane Society of Missouri?
This specific legal question was put to the test in the landmark Missouri case Miles v. Rich.
In this case, a woman (Ms. Rich) adopted a dog from the Humane Society. Shortly after, the dog bit a child (Ms. Miles). When the victim sued Ms. Rich for damages, Ms. Rich tried to pass the blame. She filed a “third-party petition” against the Humane Society, arguing they were negligent for failing to screen the dog properly or warn her of its aggression.
The Ruling: The trial court dismissed the claim against the Humane Society, and the Missouri Court of Appeals agreed. They ruled that the Humane Society had no legal duty to the victim because they did not own or control the dog at the time of the attack.
Why Does “Possession” Determine Liability in Missouri?
The court’s decision relied on a key legal principle from the Restatement (Second) of Torts: Liability follows control.
Under Missouri law, you are generally only responsible for a dog bite if you own, possess, or harbor the dog at the moment the injury occurs. Since the adoption paperwork was signed and the dog was in Ms. Rich’s care, the Humane Society was legally “off the hook.”
This precedent (reinforced by cases like Blaha v. Stuard) means that previous owners, whether they are shelters, rescues, or individuals, can rarely be sued for a bite that happens after they transfer ownership.
How Does Missouri’s “Strict Liability” Statute Affect Your Claim?
If you can’t sue the shelter, does that mean you are out of luck? Absolutely not.
Missouri is a “strict liability” state for dog bites (RSMo § 273.036). This statute is powerful for victims. It states that the current owner of a dog is liable for injuries if:
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The dog bites a person (without provocation).
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The person was on public property or lawfully on private property.
Unlike some states that have a “one-bite rule” (letting owners off the hook for a first offense), Missouri holds owners accountable immediately. Even if the owner claims, “I didn’t know the shelter gave me an aggressive dog,” they are still responsible for the damage their pet causes.
What Should You Do If You Are Bitten by a Rescue Dog?
If you are attacked by a dog that was recently adopted, do not get distracted by the shelter’s role. Your primary claim is against the dog’s current owner.
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Identify the Owner: Get the name and address of the person currently caring for the dog.
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Report the Attack: File a report with your local Animal Control (whether in St. Louis County, Columbia, or elsewhere). This creates an official record.
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Seek Medical Care: Dog bites can cause serious infections and permanent scarring. Document your injuries immediately.
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Call a Lawyer: Insurance companies often try to deny dog bite claims by arguing “provocation” or “trespassing.” You need an advocate to prove otherwise.
How Can Mutrux Firm Injury Lawyers Help You Win?
At Mutrux Firm Injury Lawyers, we know that a dog bite is a traumatic event that can leave lasting physical and emotional scars. We don’t just file paperwork; we investigate the attack to maximize your compensation.
We will fight to:
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Establish Ownership: We verify who legally held the leash at the time of the attack.
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Uncover Insurance Policies: We find homeowners’ or renters’ insurance policies that cover the damage.
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Prove Damages: We work to get your medical bills, plastic surgery costs, and pain and suffering covered.
Whether the dog came from a breeder, a neighbor, or the Humane Society, the victim deserves justice.
“Bitten by a Dog in Missouri? Don’t Wait. Infection, scarring, and medical bills can pile up fast. Our Missouri dog bite lawyers fight to get your bills paid and your future secured.
Award-Winning Personal Injury Lawyer Recognized for Excellence in Missouri
At Mutrux Firm Injury Lawyers, our results speak through the voices of our clients and now, through the honors we’ve earned in the community. Tyson Mutrux was proudly awarded Best Attorney in Columbia for 2025 by Inside Columbia Magazine, a recognition that reflects not only legal skill but also the deep trust of those we serve in Missouri.
A lawyer’s reputation speaks volumes about their ability to handle cases effectively. Whether you need legal representation for a personal injury claim, car crash claim, slip and fall or any other legal matter, choosing an attorney with a proven track record is essential.
Reading online reviews, client testimonials, and industry recognitions can help you gauge a lawyer’s credibility. Tyson Mutrux has built a strong reputation in Missouri, earning a 10.0 Superb rating on Avvo and recognition from Expertise as one of the Best Medical Malpractice Lawyers in St. Louis (2020).
Additionally, he has been honored by The National Trial Lawyers’ “Top 40 Under 40” for his dedication to achieving the best possible outcomes for his clients. His attention to detail, strong communication skills, and history of satisfied clients are reflected in numerous positive Google reviews.
You can also connect with us directly on Google to see reviews, updates, and more:
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We serve clients across Missouri and Illinois, with dedicated offices in St. Louis and Columbia.
If you’ve been bitten by a dog, don’t navigate the legal process alone. Call Mutrux Firm Injury Lawyers at (888) 550-4026 for a free case investigation.