Dog Bite Defenses: Provocation and Lawful Presence

By the FigureMyTax Editorial Team · How we calculate

The statute is strict, but it has built-in limits: the bite must be unprovoked, and the victim must be on public property or lawfully on private property.

Provocation

The statute applies only to a dog that bites “without provocation.” Examples a firm lists include hitting, kicking or teasing the dog, trying to take its food or toys, or doing something that reasonably makes it defend itself. One firm reports that courts have accepted accidental provocation, such as a child stumbling over a dog, so the facts matter.

Lawful presence

Liability requires that the victim was on public property or lawfully on private property. A person bitten while unlawfully on the property, such as a trespasser, cannot recover under the statute, though an owner can still face negligence liability in some situations, such as with a child trespasser.

Shared fault

The statute provides that if the damaged party had fault in the incident, the damages owed are reduced by the same percentage that the party's fault contributed. Fault reduces the award; it does not erase it.

Bite required

The statute does not apply to non-bite injuries such as a scratch or fall, which are pursued as negligence.

Official sources

• RSMo 273.036

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Missouri's rules apply to your specific case with a licensed Missouri attorney.