Clayton Dog Bite Lawyer
Every dog owner must take the steps necessary to secure their pets. When a dog owner fails to take these precautions, injuries can occur. Both small dogs and large dogs can cause serious injuries including scarring, nerve damage, or worse. A dog bite victim could benefit from discussing their opportunity to recover compensation for their injuries with an experienced personal injury attorney.
If you sustained a painful dog bite in Clayton, you should reach out to a trusted injury attorney for professional legal assistance. With the help of a Clayton dog bite lawyer, you may be able to construct a convincing case for compensation. To get started, schedule a consultation today.
What are the Dog Bite Laws in Clayton?
Many states deal with liability in dog bite cases using the “one bite rule.” Under this rule, a dog owner is only liable if they knew of the dog’s violent nature prior to the attack. Typically, an owner is on notice of their dog’s propensity to bite if they have bitten someone before. In other words, every dog gets a free bite before their owner faces liability. Other states operate under a “strict liability” system, where a dog owner is responsible for a bite regardless of the circumstances.
However, Clayton takes a different approach to dog bite liability. According to Missouri Statute 273.036, the state has adopted a mixed approach. In some cases, a strict liability standard applies. In others, dog bites are treated as typical negligence cases. Contact a knowledgeable lawyer to learn more about dog bite laws.
What is Strict Liability?
A Clayton dog owner faces strict liability if they have noticed that their dog is violent. Additionally, strict liability applies when the bite occurs on public property or anywhere a person fell victim to a dog attack.
The elements of proving strict liability include:
- The defendant owned a dog
- The dog bit the plaintiff
- The plaintiff suffered injuries from the bite
Negligence
Typically, a Clayton dog bite lawyer faces a higher standard of proof in a negligence case compared to a strict liability case. In a negligence case, the plaintiff must establish not only that the bit happened, but also that the bite would not have occurred but for the defendant’s negligence.
The negligence rules act as a catch-all for dog bite cases that do not qualify for strict liability. This includes circumstances like when a dog bites a trespasser.
Shared Fault in a Dog Bite Lawsuit
In some cases, a plaintiff could be partially at fault for a dog bite. If the jury determines that the plaintiff was partially at fault, it could impact their recovery under state law.
Missouri has adopted a theory known as pure comparative fault. Under this legal theory, the jury will determine the percentage each party is at fault for an injury. The jury will then reduce the plaintiff’s damages in proportion to their degree of fault. In other words, a plaintiff that is 80 percent at fault will at most recover 20 percent of their damages. A Clayton dog bite attorney should work to convince a jury to limit their client’s liability.
Call a Clayton Dog Bite Attorney as Soon as Possible
Dog bites can cause more than just significant pain. The injuries from a dog attack could be lasting, and treating these wounds could be costly. In some cases, a dog bite could impact you for the rest of your life.
If you suffered a dog bite injury in Clayton, you have the right to seek compensation from the dog’s owner. To get started with your dog bite case, contact a Clayton dog bite lawyer today.