I went to a yard sale, where they had signs that said not responsible for any accidents, the lady had her dog running loose, and I had my dog in my car. She had told me a couple weeks before about how her dog acted when someone come there with a dog, but I didn't dream that she would have her dog running loose during a yard sale she was having. She followed me to my car, and never tried to control her dog, when I tried to open my car door, the dog tried to attack my dog, but in the process he hit me knocking a latern that I had bought into my chin, I left with bruises and five days later a chunk fell out of my front bridge work that I had just paid $3800.00 for a year and half ago. The whole thing needs to be replaced. I ask her to contact her home owners and five days later she told me they were not going to pay anything because she had those signs, and I was told about her dog awhile back. Is she liable or not?
Answered on: 10/12/10, 8:52 am by James Manning
The homeowner (and the homeowner's insurance company) is responsible to pay all of your damages incurred due to the dog. Missouri has a statute which imputes strict liability on dog owners for injuries caused by dogs. (Pursuant to Missouri Revised Statute § 273.036, “The owner or possessor of any dog that bites, without provocation, any person while such person is on public property, or lawfully on private property, including the property of the owner or possessor of the dog, is strictly liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness.”) The Missouri legislature enacted this strict liability statute to make it clear that responsibility for dog bites rests solely on the dog owner. I have successfully handled over 50 dog bite claims. Please do not hesitate to contact me if you would like to discuss further.
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James Manning, PC 2502 W. Wall Street Harrisonville, MO 64117► Other answers from this attorney