While some dog bites can be as simple as a nip at the hand, dog bites can be much more severe, causing wounds that need medical care, scarring, sometimes infection, and more. If you or someone you know has recently experienced a dog bites in Kansas City, you don’t have to face the court system or the medical bills alone. A Kansas City personal injury lawyer experienced in Kansas’s dog owner liability suits can help you get the settlement you deserve so you can focus on recovery and moving on from the incident as best you can.
Time-Sensitive: Kansas & Missouri Filing Deadlines
Kansas generally allows 2 years to file a dog bite claim (K.S.A. 60-513), while Missouri allows up to 5 years (RSMo § 516.120). Evidence and witness memory can disappear long before either deadline arrives.
Hollis Law Firm has recovered $100M+ for clients in settlements and judgments. We handle dog bite cases on contingency, so you pay nothing unless we recover compensation for you. Free consultations are available now.
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.
Steps to Take After a Dog Bite in Kansas City
Taking the right steps immediately after a dog bite can protect both your health and your legal claim, whether the attack happened on the Kansas or Missouri side of the metro.
Seek Medical Care Right Away
Clean the wound and see a doctor as soon as possible, even if the bite looks minor. Puncture wounds carry a high risk of infection, and a medical record connects your injury to the attack.
Report the Bite
Contact animal control or the police so an official incident report exists. This report becomes an important piece of evidence for your dog bite claim.
Document the Evidence
Photograph your injuries, the location, and the dog if it is safe to do so, and get contact information for the owner and any witnesses. Witness accounts and photos can fade or disappear quickly.
Consult a Dog Bite Lawyer
Our legal team can evaluate whether Kansas or Missouri law applies to your case, gather evidence of the owner’s liability, and pursue full compensation on your behalf. Contact Hollis Law Firm for a free consultation.
What Compensation Can You Recover After a Dog Bite?
Dog bite victims in Kansas City can pursue both economic and non-economic damages, whether the claim falls under Missouri strict liability or the Kansas one-bite rule.
| Economic Damages | Non-Economic Damages |
|---|---|
| Emergency care, wound treatment, and reconstructive surgery | Pain and suffering |
| Ongoing medical care and physical therapy | Scarring and disfigurement |
| Lost wages from time away from work | Emotional distress and psychological trauma |
| Out-of-pocket costs related to the incident | Loss of enjoyment of life |
An attorney can help you understand which categories apply to your specific case and pursue the full value of your claim.
Kansas City’s Leash Law and Dog Owner Responsibility
Beyond state-level dog bite law, dog owners within Kansas City, Missouri city limits are also bound by local leash requirements.
Kansas City, MO Code of Ordinances, Sec. 14-33
Under Chapter 14 of the Kansas City, MO Code of Ordinances, it is unlawful for a dog owner to allow their dog to run at large within the city. A violation of this leash law can serve as evidence of negligence if an unleashed dog causes an injury, in addition to any liability under Missouri’s strict liability statute (Mo. Rev. Stat. § 273.036).
If the dog that bit you was being kept on a property with unsafe conditions, such as a rental unit or business, you may also have a separate premises liability claim against the property owner.
Frequently Asked Questions About Dog Bite Injury Claims
Below are answers to some of the most common questions our Kansas City dog bite lawyers receive from clients.
