Being bitten by a dog can be a traumatic experience. You’re not just dealing with physical injuries, but also emotional trauma and a lot of uncertainty about what to do next.
Dog laws vary significantly between states, and since Kansas City sits right on the border of Kansas and Missouri, it’s essential to know which rules apply to your situation. This guide will gently walk you through the dog bite laws in Missouri and Kansas, helping you understand your options and how to move forward.
A Quick Side-by-Side Look at Kansas and Missouri Dog Bite Laws
The key difference between Kansas dog bite laws and Missouri dog bite laws lies in the standard of liability.
- Missouri (Strict Liability): The owner is generally liable for a bite even if the dog has no history of aggression, as long as the victim was lawfully on the property and did not provoke the dog. This makes it more straightforward for victims to seek compensation.
- Kansas (“One-Bite” Rule/Negligence): The victim typically must prove the owner knew the dog was dangerous or was negligent in controlling the dog. This can require more extensive investigation and evidence gathering.
Because of these differences, where the bite occurred is one of the most critical factors in determining how your case will proceed. This is particularly relevant for those living in the greater Kansas City area, where it’s common to cross state lines.
An Overview of Kansas Dog Bite Laws
Kansas’s “One-Bite Rule”
The “one-bite rule” doesn’t mean every dog gets one free bite. Instead, it means that to hold an owner liable, the victim often needs to prove that the owner knew, or should have known, that their dog had aggressive tendencies. Evidence of prior aggression, like previous bites or attacks on people or other animals, is crucial in these cases.
If there’s no history of aggression, a victim can still pursue a claim under general negligence. This involves showing that the dog owner failed to use reasonable care to prevent the bite. For example, if an owner violated local leash laws or couldn’t control their dog in a public space, they could be considered negligent.
Relevant Statutes in Kansas
Kansas dog bite laws include specific statutes that address damages caused by dogs. For instance, K.S.A. 47-645 states that if a dog injures or kills any domestic animal, the dog’s owner is liable for all damages sustained. Although this statute specifically refers to domestic animals, it highlights owner responsibility, which can also apply to personal injury cases.
An Overview of Missouri Dog Bite Laws
Missouri’s Strict Liability Statute
Under MO Statute 273.036, Missouri is a “strict liability” state. This means a dog owner is automatically responsible for damages if their dog bites someone, regardless of whether the dog had ever shown aggression before.
According to the statute, an owner is liable if:
- Their dog bites a person without provocation.
- The person bitten was on public property or lawfully on private property (including the dog owner’s property).
This law simplifies the claim process for victims, as they do not need to prove the owner knew the dog was dangerous. Missouri dog bite laws also hold owners strictly liable for any property or livestock damage their dog causes.
Kansas City Dog Laws
Kansas City enforces specific dog-related ordinances to ensure public safety and responsible pet ownership. According to Kansas City Ordinance 14-33, all dogs must:
- Be properly restrained and not allowed to roam at large.
- Owners are required to register their dogs with the city.
- Ensure dogs are vaccinated against rabies.
While not all areas require leashes on private property, most municipalities have leash laws for public spaces. If an owner violates a leash law and their dog causes an injury, this can be strong evidence of negligence.
Damages and Compensation You Can Claim
A dog bite can lead to significant physical, emotional, and financial burdens. Victims in both Kansas and Missouri have the right to seek compensation for their losses, which can include:
- Medical Expenses: This covers everything from emergency room visits and surgery to physical therapy and future medical care.
- Lost Wages: If your injuries prevent you from working, you can claim the income you’ve lost.
- Pain and Suffering: This accounts for the physical pain and emotional distress caused by the attack, including anxiety, fear, and PTSD.
- Scarring and Disfigurement: Compensation for permanent scarring or disfigurement that impacts your appearance and self-esteem.
- Funeral and Burial Expenses: In the event of a wrongful death, you can receive coverage for the costs associated with funeral arrangements and burial services in the event of a fatality.
Filing a claim involves gathering medical records, documenting your lost income, and building a case that demonstrates the full extent of your damages. This process can feel daunting, but you don’t have to go through it alone.
Were you injured at work? Whether you were delivering mail or grooming a pet, you may have a workers’ comp claim. See what steps you should take to file a workers’ compensation claim in Kansas.
Common Defenses in Dog Bite Cases
Dog owners and their insurance companies may use certain defenses to reduce their liability. Common arguments include:
- Trespassing: If the victim was unlawfully on the property where the bite occurred, the owner may not be held responsible.
- Provocation: The owner might claim the victim provoked the dog by teasing, hitting, or cornering it.
- Comparative Negligence: Both states consider the victim’s role in the incident. In Missouri (pure comparative fault), your compensation is reduced by your percentage of fault. In Kansas (modified comparative fault), you can only recover damages if you are found to be 50% or less at fault for the incident.
Deadlines for Filing a Claim (Statute of Limitations)
It is crucial to act quickly after a dog bite. Both states have strict deadlines, known as the statute of limitations, for filing a lawsuit.
- Kansas: You have two years from the date of the injury to file a claim.
- Missouri: You have five years from the date of the injury to file a claim.
Why You Need a Compassionate Legal Advocate
Navigating the aftermath of a dog bite is challenging, and the legal system adds another layer of stress. The rules surrounding Kansas City dog bite laws can be confusing, and insurance companies are often focused on minimizing their payout.
Hiring an experienced Kansas City, Kansas, and Missouri dog bite lawyer provides you with an advocate who can handle these burdens for you. At The Law Offices of Peter A. Jouras, Jr., we can:
- Investigate the incident and gather crucial evidence.
- Explain your rights in a clear and soothing manner.
- Handle all communications with insurance companies.
- Build a strong case to ensure you receive the full compensation you deserve.
- Provide the support and guidance you need to focus on your healing.
If you or a loved one has been bitten by a dog in Kansas or Missouri, please don’t hesitate to reach out. Our dog bite attorney, Peter A. Jouras, Jr., has over 25 years of experience in helping clients in similar situations to yours.
Contact us today to schedule your free, no-obligation consultation. We are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave. We serve the entire Kansas City metropolitan area, including Kansas City, Missouri.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
