Is the Landlord Liable for a Tenant's Dog Bite in Missouri?

By the FigureMyTax Editorial Team · How we calculate

Owning the building is not owning or possessing the dog. A landlord is generally outside the strict liability statute.

The statute reaches owners and possessors

RSMo 273.036 imposes strict liability on the owner or possessor of the biting dog. Summaries note it does not typically reach a landlord unless the landlord also possessed the dog.

Negligence principles

A landlord can be liable under general negligence principles in some circumstances, which commonly turn on what the landlord knew about the dog's danger and how much control the landlord had over the premises or the dog. We did not locate a Missouri appellate decision on landlord liability for a tenant's dog, so treat this as the general rule.

Common areas and control

The risk to a landlord is greater for a bite in a common area such as a hallway or shared yard than inside a tenant's exclusively possessed unit.

The owner or possessor still pays

The dog's owner or possessor remains strictly liable for the bite, with damages reduced only by the victim's own fault, so a landlord claim is usually a supplement, not the main route.

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.