Dog Bite Injuries in Kansas City
In 2020, there were 373 registered cases of dog bite injuries in Kansas City. Dog attacks can result in severe injuries, requiring extensive medical treatment and leading to significant emotional trauma. USPS releases its top dog bite cities every year. Our Kansas City sits at number three with 48 postal worker bites in 2021, right after Cleveland at number two (54 bites) and Houston in the top spot with 58 bites.
Needless to say, there are a lot of dogs here, and not all dog owners are fully responsible for their animal’s aggressive behavior. This has created an environment of risk, combined with the dual legal situation because Kansas and Missouri have two different standards for dog bite law.
The One-Bite Rule vs Strict Liability for Dog Owners in Kansas City | KS vs MO
Kansas uses an unusually old dog bite law standard based on England’s original one-bite rule for all domestic animals including sheep and pigs. If the animal does not have a history of aggression and the owner has no reason to believe the animal would be aggressive, they are not typically held liable for the first dog bite.
In a dog bite case, the legal standards and the history of the dog’s behavior play a crucial role in determining liability.
However, that first bite creates a precedent where the owner should then be on alert—and becomes liable—for any dog bites that happen after the first violent incident.
Missouri Strict Liability
On the Missouri side of Kansas City, strict liability for the dog owner is applied. This is a more typical law structure matching the dog bite standards of other states. Under strict liability, the dog owner is responsible for all injuries caused by their dog if:
- The injury was a result of the dog bite (not other dog injuries)
- The injured person was lawfully occupying public property, or private property where they had permission to be
- The injured person did not provoke the dog
If these three requirements are fulfilled, a person injured by another’s dog can hold the dog owner liable in court and sue for medical costs.
How to Prove Dog Bite Liability in Kansas City
In order to sue the dog owner for medical bills, you will first need to prove liability for your dog bite claim. This is more challenging on the Kansas side of the Kansas City, and fairly simple on the Missouri side.
Proving First Bite Liability
If the dog has bitten someone before, proving first bite liability may be simple. In many dog bite cases, evidence such as the dog’s breed, behavior, and the owner’s actions can be crucial in proving liability. However, if you are the dog’s first documented attack, you can sometimes prove the owner’s awareness of danger in other ways. Here are some signs a Kansas dog could be legally dangerous:
- Vicious dog breeds: Some dogs breeds are known to be more aggressive and must be watched carefully by their owners.
- “Beware of Dog” signs: If the owner has posted signs warning about the dog, they have displayed a reasonable concern that the dog is dangerous.
- Confining or muzzling the dog around guests: If the owner typically confines the dog or keeps it away from guests, this can be proof they were aware of the risk of violent behavior.
- Growling, lunging, and aggressive behavior when leashed: If the dog often acts in a hostile way towards others, the owner can reasonably assume that hostility can turn violent.
- Training and environment: If the dog has been trained to fight or trained to aggressively protect the household, it may be assumed to be capable of biting a visitor or neighbor.
- Fights with other dogs: If the dog has shown violent behavior to other dogs and pets, the owner may have knowledge of the animal’s dangerous disposition.
If you can identify one or more signs that the owner was already aware that their dog was dangerous, you can sue for liability on the first bite in Kansas City.
Proving Strict Liability for a Dog Bites
Strict liability is a simpler matter to prove, as there are only three qualifying factors.
Dog bite claims often involve proving that the injured person was lawfully present and did not provoke the dog.
First, is the injury a dog bites? If you are suing for non-bite injuries from being jumped on, knocked over, or raked with claws, you will need to see owner negligence instead of Missouri dog bite law. If you were bitten, the first qualification is achieved.
First, you can prove that you were lawfully located where the dog bit you. A public sidewalk, park, restaurant, or any other place where people can freely go is a legal location. On private property, you may need to provide proof of permission to be there. Your home, the home of a known friend, or your place of work are all examples of private property where you may be lawfully located.
Lastly, you will need to prove that you did not provoke the dog. This is true for both Kansas and Missouri.
The Provoked Animal Exception – Proving You Did Not Provoke the Dog
In Kansas City, on both sides of the line, a provoked dog waives owner liability. This protects dogs and dog owners from consequences if, say, a reckless person taunts or hurts the dog and is bitten as a result. In other words, the dog has a self-defense argument. A dog owner may argue that you provoked their dog, but this can usually be disproven with matching witness accounts and sometimes local security camera footage. If the dog owner argues that you provoked the dog, it may be necessary to file a dog bites lawsuit to prove your case.
Crouching to gently extend your hand to the dog is not an act of provocation. Nor is speaking in a normal voice to the dog, or asking the owner to keep their dog under control if the dog is barking or jumping on their leash. Yelling at the dog, making aggressive gestures, pushing, or attacking the dog would be considered methods of provocation.
Frequently Asked Questions About Dog Bite Injury Claims
What should I do after a dog bite in Kansas City?
If you experience a dog bites in Kansas City, seek immediate medical attention. Afterward, document the incident by collecting witness statements and taking photos. Contact a Kansas City dog bite lawyer to help navigate your dog bite case and determine if you can file a claim against the dog owner.
How does Kansas law differ from Missouri in dog bite cases?
Kansas follows the “one-bite rule,” where dog owners may not be held liable if their dog has no history of aggression. In contrast, Missouri applies strict liability, holding owners accountable for dog bite injuries regardless of the dog’s past behavior. If you’re dealing with a Kansas City dog bites, your dog bite attorney can explain how these laws affect your case.
Can I sue for a dog bites if I didn’t provoke the dog?
Yes, in both Kansas and Missouri, dog bite claims often hinge on whether the victim provoked the dog. If you were lawfully present and didn’t provoke the dog, you may be eligible to pursue a dog bite case and receive compensation for your injuries.
How can I prove liability in a Kansas City dog bites case?
Proving liability in a dog bite case depends on the location. In Kansas, you must demonstrate that the dog had shown previous aggression or that the owner knew of the risk. In Missouri, strict liability simplifies the process. A Kansas City dog bites lawyer can help you gather the necessary evidence for your dog bite claim.
Why should I hire a dog bite attorney after an attack?
Hiring a dog bite attorney ensures you receive the legal guidance needed to navigate the complexities of dog bite claims. A skilled lawyer can help you negotiate with insurance companies, gather evidence, and file a dog bite lawsuit if necessary to recover compensation for your injuries. Dog bite victims should consult with a Kansas City dog bite lawyer to protect their rights.
