Strict Liability Since the 2009 Statute in Missouri

By the FigureMyTax Editorial Team · How we calculate

Missouri does not use the one-bite rule. A dog that bites without provocation makes its owner or possessor liable, whatever the dog's history.

The statute

RSMo 273.036 makes the owner or possessor of any dog that bites, without provocation, a person on public property or lawfully on private property, including the dog owner's own property, strictly liable for damages. It applies regardless of the dog's former viciousness or the owner's knowledge of it.

Since 2009

The law took effect in 2009 and replaced the one-bite rule. Before it, cases turned on whether the owner knew the dog was dangerous.

Owner or possessor

Liability reaches both owners and possessors, so a dog walker or sitter in control of the dog can be held liable.

Bites, not every injury

The statute applies to bites. Other injuries, such as a knockdown, are generally handled under negligence, and the statute states that its remedies are cumulative with any other statutory or common-law remedy.

Extras

A liable owner or possessor also pays a fine of up to $1,000, and is strictly liable for damage to property or livestock proximately caused by the dog.

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.