Kansas City Dog Bite Injuries: Protecting Your Rights While Promoting Responsible Pet Ownership
At Kendall Law Group, we are more than just personal injury lawyers – we are passionate advocates for both people and pets. Many of our team members are proud pet owners, and we understand the strong bond between humans and their canine companions. Dogs bring joy, comfort, and companionship, but as much as we love them, we must also recognize the potential risks they pose. Even the best-behaved dogs can bite under certain circumstances, causing serious injuries.
Dog bite injuries are a significant concern in Kansas City, affecting victims physically and emotionally. If you or a loved one has been bitten by a dog, it’s important to know your rights, seek appropriate compensation, and ensure that negligent dog owners are held accountable. At the same time, we believe in promoting responsible pet ownership to reduce the occurrence of dog bite incidents in our community.
Liability in Dog Bite Cases
Liability in dog bite cases depends largely on the state where the incident occurs. In Kansas City, which spans both Kansas and Missouri, the laws governing dog bite liability are different, and it’s important to understand how each state approaches these cases.
Missouri: Strict Liability for Dog Bites
In Missouri, dog bite cases operate under strict liability rule. This means that dog owners are automatically responsible for injuries caused by their dogs, regardless of whether the dog had a history of aggression or whether the owner was negligent.
Under Missouri’s strict liability statute, if a dog bites someone without provocation and the person is legally allowed to be on the property where the bite occurred, the owner can be held liable for any damage resulting from the attack. Victims do not need to prove that the owner knew the dog was dangerous or that the owner failed to properly control the dog.
This law makes it easier for dog bite victims to pursue compensation, as they don’t need to establish negligence – they only need to show that the bite occurred and caused injury.
Kansas: The One-Bite Rule
Kansas, on the other hand, follows the one-bite rule, which places a heavier burden of proof on the victim. In Kansas, a dog owner is only liable for a bite if it can be proven that the owner knew or should have known that the dog was dangerous. Essentially, the first time a dog bites someone, the owner may not be held responsible unless there is evidence that the dog had previously exhibited aggressive behavior.
To establish liability in Kansas, victims typically need to show that:
- The dog had a history of dangerous behavior, such as biting or growling aggressively at people.
- The owner knew about the dog’s tendency to bite or act aggressively.
- The owner failed to take reasonable steps to prevent the bite from occurring.
This makes dog bite claims in Kansas more complicated, as the victim must gather evidence to prove the dog’s dangerous nature and the owner’s knowledge of that behavior.
Defenses in Dog Bite Cases
Dog owners may attempt to defend themselves against liability claims by arguing that the victim provoked the dog or was trespassing at the time of the bite. If the dog bite victim was provoking the dog (for example, by hitting, teasing, or cornering it), this could reduce or eliminate the owner’s liability. Similarly, if the victim was illegally on the property where the bite occurred, the owner may not be held responsible.
Each case is unique, and these defenses can be complex. This is why it’s essential to consult with a knowledgeable dog bite attorney to ensure your rights are protected.
Potential Compensation for Dog Bite Victims
Victims of dog bites may be entitled to several types of compensation, depending on the severity of the injury and the impact on their lives. At Kendall Law Group, we work with dog bite victims to pursue compensation that addresses both the short- and long-term consequences of the attack.
Here are the most common types of compensation available in dog bite cases:
Medical Expenses
Dog bite injuries can range from minor puncture wounds to severe lacerations, nerve damage, and even broken bones. Victims may require stitches, surgery, physical therapy, and long-term medical care. Compensation for medical expenses covers:
- Emergency room visits
- Surgery and hospitalization
- Prescription medications
- Physical therapy
- Psychological counseling (in cases of emotional trauma)
- Future medical care related to the injury.
It’s important to seek medical attention immediately after a dog bite, even if the injury seems minor. Medical records will not only protect your health but also serve as critical evidence in a legal claim.
Lost Wages
Severe dog bite injuries can prevent victims from working temporarily or permanently. If your injuries result in missed workdays or an inability to return to your job, you may be entitled to compensation for lost wages. This can include:
- Wages lost during recovery.
- Loss of future earning capacity if the injury leads to a permanent disability.
If you are self-employed or run your own business, lost wages can be more challenging to calculate, but an experienced attorney can help gather the necessary documentation to support your claim.
Pain and Suffering
Dog bite injuries can cause significant physical pain and emotional distress. Compensation for pain and suffering accounts for both the physical and mental anguish caused by the attack. This can include:
- Physical pain from injury and any necessary medical treatments
- Emotional trauma, including anxiety, depression, or post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life if the injury prevents the victim from participating in activities they once enjoyed.
While it can be challenging to assign a dollar value to pain and suffering, courts take these non-economic damages seriously, especially when the injury leads to long-term consequences.
Scarring and Disfigurement
Dog bites can leave victims with permanent scars or disfigurement, particularly if the bite occurs on the face, hands, or arms. Compensation for scarring and disfigurement takes into account the emotional and psychological impact of living with visible scars or changes to one’s appearance.
This type of compensation may also cover future cosmetic procedures or surgeries that are needed to reduce the appearance of scars or improve the victim’s quality of life.
Property Damage
In some cases, victims may also be entitled to compensation for property damage. For example, if a dog attack causes damage to personal property, such as clothing, jewelry, or eyeglasses, the owner of the dog may be responsible for covering the cost of repairs or replacements.
Who Pays for Dog Bite Injuries?
In many dog bite cases, there are several potential sources for compensation. The party responsible may vary depending on the specifics of the incident, but here are the most common potential payers in dog bite injury claims:
Dog Owner’s Homeowners Insurance or Renters Insurance
One of the most common sources of compensation for dog bite injuries is the dog owner’s homeowner’s insurance or renters’ insurance. These policies typically include liability coverage, which means that if a dog owned by the policyholder bites someone, the insurance company may be required to cover the costs associated with the injury.
- Homeowners Insurance: Many homeowners insurance policies provide coverage for dog bite claims, up to a certain limit. This coverage usually applies even if the bite occurred outside the home, such as at a park or a neighbor’s house. The insurance may cover medical bills, lost wages, and pain and suffering related to the injury.
- Renters Insurance: Similarly, renters insurance policies often include liability coverage for dog bites. If the dog owner is renting their home or apartment, their renter’s insurance may be responsible for covering the victim’s damages.
However, it’s important to note that some insurance companies have restrictions on the types of dogs they will cover. Certain breeds that are considered “dangerous,” such as pit bulls or Rottweilers, may be excluded from coverage under some policies.
Dog Owner’s Personal Assets
If the dog owner does not have insurance or their insurance policy does not cover dog bites, they may be personally liable for the damage. In these cases, the victim may be able to file a lawsuit directly against the dog owner and seek compensation from their personal assets.
- Out-of-pocket expenses: If the dog owner is held liable, they may be required to pay for the victim’s medical bills, lost wages, pain and suffering, and any other related costs out of their own pocket.
- Liens on property: If the dog owner is unable to pay the full amount of damages immediately, the court may allow the victim to place a lien on the dog owner’s property until the debt is satisfied.
While seeking compensation from the dog owner’s personal assets can be more challenging than going through an insurance company, it’s still a viable option, especially in severe cases.
Landlord’s Liability Insurance
In some cases, a landlord may be held liable for a dog bite injury that occurs on their property, particularly if they were aware of the presence of a dangerous dog and did nothing to mitigate the risk. While a landlord is not typically responsible for a tenant’s dog, exceptions can arise if:
- The landlord knew the dog had a history of aggression and failed to address it.
- The landlord had control over whether tenants were allowed to keep dogs and did not enforce rules about dangerous animals.
If a landlord is found liable, their landlord liability insurance may provide coverage for the victim’s injuries.
Commercial Property Liability Insurance
If a dog bite occurs at a business or commercial property, such as a dog-friendly store, pet grooming facility, or even an apartment complex, the commercial property liability insurance of the business may come into play. Business owners have a duty to provide a safe environment for their customers, and if a dog bite occurs on their property, they may be held liable under premises liability laws.
In these situations, the business’s insurance policy may cover the victim’s medical bills, lost wages, and other damages. However, proving liability in these cases can be more complex, as it often requires showing that the business owner or manager was negligent in controlling the dog or preventing the incident.
Car Insurance (in Certain Situations)
While it might not seem obvious, there are situations where car insurance may be responsible for covering a dog bite injury. This typically occurs if the dog bite happens while the dog is inside or near a vehicle, particularly if the dog is being transported. If a person is bitten while walking by a vehicle with a dog inside, or if a delivery driver is attacked by a dog while making a delivery to a home, the driver’s or dog owner’s auto insurance may provide coverage.
This is particularly relevant in cases involving rideshare drivers (like Uber or Lyft) or delivery drivers, where the dog bite occurs during the course of their job. In these instances, both the driver’s personal car insurance or their employer’s insurance policy may be responsible for compensating the victim.
Workers’ Compensation Insurance
In cases where the dog bite occurs while the victim is working, such as for mail carriers, delivery drivers, or utility workers, the victim may be eligible for compensation through workers’ compensation insurance. This applies when the victim is bitten by a dog while performing their job duties.
- Workers’ compensation: Covers medical bills and lost wages if the injury occurred while the employee was on the job. This type of insurance doesn’t typically cover pain and suffering, but it does ensure that the victim receives financial support for their recovery.
In some cases, the victim may be able to file both a workers’ compensation claim, and a personal injury claim against the dog owner if the owner’s negligence played a role in the attack.
Common Causes of Dog Bites
While dogs are typically friendly and affectionate, several situations can lead even the most well-behaved dogs to bite. Understanding these common triggers can help prevent future incidents and promote safer interactions between dogs and people.
- Provocation: Dogs may bite if they feel provoked, even if the provocation is unintentional. For example, a child pulling a dog’s tail or a stranger approaching too quickly can cause a dog to react defensively.
- Fear or Anxiety: Dogs that are scared or anxious may bite as a form of self-defense. This is particularly common in dogs that are in unfamiliar environments or around unfamiliar people.
- Poor Socialization: Dogs that haven’t been properly socialized with humans or other animals may bite out of fear or confusion. Socialization is key to helping dogs understand how to interact safely with others.
- Injury or Illness: Dogs in pain or suffering from an illness may bite as a way to protect themselves from further discomfort. Even well-trained dogs can become unpredictable when they are hurt or sick.
- Territorial Behavior: Dogs may become territorial if they feel their home or owner is being threatened. This can lead them to bite to defend their territory or protect their owner.
Promoting responsible pet ownership means understanding these risk factors and taking steps to prevent them. At Kendall Law Group, we believe that proper training, socialization, and management are essential to reducing the risk of dog bites and ensuring the safety of both pets and people.
Prevention Tips for Dog Owners
As a dog owner, you play a crucial role in preventing dog bite incidents. Responsible pet ownership involves not only caring for your dog’s physical needs but also managing their behavior and ensuring they’re well-socialized. Here are some steps every dog owner should take to minimize the risk of dog bites:
Proper Socialization
One of the most effective ways to prevent dog bites is to socialize your dog from a young age. Proper socialization helps dogs feel comfortable around different people, other animals, and various environments. Well-socialized dogs are less likely to become fearful or anxious, reducing their likelihood of biting.
- Expose your dog to a variety of people (including children) and settings (parks, sidewalks, busy streets) in a controlled and positive way.
- Reward your dog for calm, non-aggressive behavior in new situations, reinforcing that they are safe.
Train Your Dog
Training is a critical component of dog ownership. Dogs should understand basic commands like “sit,” “stay,” and “leave it,” which can be especially useful in preventing bites in potentially dangerous situations.
- Invest in positive reinforcement training. Training classes or working with a professional dog trainer can be highly beneficial.
- Avoid using punishment-based methods, as they can increase fear and aggression in some dogs.
Supervising Interactions with Children
Children are more likely to be bitten by dogs than adults, often because they may unintentionally provoke a dog through their behavior. Supervision is key to preventing bites during interactions between dogs and children.
- Always supervise young children when they are around dogs, even if the dog is familiar and well-behaved.
- Teach children how to approach dogs safely, avoid pulling on a dog’s ears or tail, and recognize when a dog is uncomfortable.
- Encourage children to ask for permission before petting a dog and show them how to gently stroke the dog’s side or back (instead of the face or head).
Avoid Risky Situations
Some situations are more likely to lead to dog bites, especially if your dog is nervous or prone to aggressive behavior. Learning to avoid these scenarios is important for prevention.
- If your dog is uncomfortable in crowded or noisy places, avoid bringing them to these environments.
- Don’t leave dogs unsupervised with unfamiliar people, particularly if your dog has shown signs of anxiety or territorial behavior in the past.
Use Leashes and Fences
Even well-behaved dogs should be leashed when out in public to prevent unexpected interactions that could lead to a bite. Keeping your dog safely contained within a fenced yard or home is also essential.
- Ensure your dog is on a secure leash when outside of your home or yard.
- Check your fence regularly for any gaps or openings that could allow your dog to escape and come into contact with unfamiliar people or other animals.
Prevention Tips for the Public
It’s not just dog owners who have a role in preventing dog bites. The public, including both adults and children, should follow certain guidelines when interacting with dogs, especially unfamiliar ones. Understanding dog behavior and respecting a dog’s boundaries can go a long way in reducing the risk of a bite.
Ask Permission Before Approaching
Before approaching or petting a dog, always ask the owner for permission. Some dogs are not comfortable around strangers, and their owner knows best whether the dog is friendly or not.
- If the owner says it’s okay to approach, do so calmly and let the dog come to you.
- Avoid sudden movements or loud noises, which can startle the dog.
Recognize the Warning Signs
Dogs often give clear signals that they are uncomfortable or about to bite. Understanding these signs can help prevent an incident:
- Growling: A dog growling is a clear warning that they are uncomfortable.
- Baring Teeth: This is another strong signal that a dog may bite.
- Stiff Body Posture: If a dog becomes rigid or appears tense, it may be a sign of fear or aggression.
- Ears Back and Tail Tucked: These are signs that a dog is scared or anxious and may react defensively.
If you notice any of these behaviors, back away slowly and give the dog space.
Avoid Startling or Cornering a Dog
Dogs are more likely to bite if they feel cornered or surprised. Give dogs plenty of space and avoid touching or approaching a dog that is sleeping, eating, or caring for puppies.
- Never sneak up on a dog or try to pet them without letting them sniff and get used to your presence first.
Do Not Run from a Dog
If you encounter a dog that seems aggressive or is approaching you in a threatening way, do not run. Running can trigger a dog’s prey drive, making them more likely to chase and bite.
- Instead, stand still like a “tree” with your hands by your sides and avoid eye contact. Most dogs will lose interest and move away.
Teaching Children How to Be Safe Around Dogs
Since children are frequent victims of dog bites, educating them about safe interactions with dogs is critical. Here are some simple rules to teach children:
- Don’t approach a dog without asking the owner first.
- Never disturb a dog that is eating, sleeping, or caring for puppies.
- Don’t run or scream around dogs.
- If a dog knocks you down, curl into a ball and cover your head with your hands.
Steps to Take After a Dog Bite Injury
If you or a loved one is bitten by a dog, taking the right steps immediately is crucial for both your health and your legal case. Here’s what you should do:
- Seek Medical Attention
Dog bites can lead to infections, such as rabies or tetanus, even if the injury seems minor. A healthcare professional will assess the wound, clean it, and determine if antibiotics or a rabies shot is necessary. Seeking prompt medical care is vital for your health and also provides documentation of your injuries, which will be important for any legal claim. - Identify the Dog and Owner
If possible, get the contact information of the dog’s owner and ask about the dog’s vaccination status, especially rabies. If the owner is not present, report the incident to animal control to help identify the dog and ensure it is properly handled. - Document the Incident
Take photos of your injuries, the location of the bite, and any surrounding factors that may have contributed to the incident. Collect the contact information of any witness, as their testimony could support your claim. - Report the Bite
Contact local authorities or animal control to report the bite. This ensures that the dog is properly quarantined and checked for rabies or other diseases. Reporting the bite also helps hold negligent owners accountable and may prevent future incidents. - Consult with a Dog Bite Lawyer
An experienced dog bite lawyer can help you navigate the legal process and protect your rights. At Kendall Law Group, we specialize in dog bite cases and will work to ensure you receive the compensation you deserve for your medical bills, lost wages, and pain and suffering.
Common Injuries from Dog Bites
Dog bites can result in a range of injuries, from minor wounds to severe trauma. Some of the most common injuries associated with dog bites include:
- Puncture Wounds: Deep bites can puncture the skin and damage underlying muscles, tendons, and bones.
- Lacerations and Scarring: Dog bites can cause significant tearing of the skin, which may result in permanent scarring or disfigurement.
- Infections: Bacteria from a dog’s mouth can cause infections such as rabies, tetanus, or sepsis.
- Nerve Damage: Severe bites may damage nerves, leading to long-term pain, numbness, or loss of function in the affected area.
- Emotional Trauma: Victims of dog bites may experience lasting psychological effects, including anxiety, a fear of dogs, or post-traumatic stress disorder (PTSD).
Working with a Kansas City Dog Bite Lawyer
At Kendall Law Group, our love for animals informs us of our approach to dog bite cases. We recognize that dogs are cherished members of many families, but when a pet causes harm, it is essential to hold the owner accountable. Our team is dedicated to helping dog bite victims recover the compensation they deserve while promoting responsible pet ownership in our community.
If you or a loved one has been injured in a dog bite incident, we encourage you to REACH OUT to us to discuss your case. Kendall Law Group is committed to advocating for your rights and helping you navigate the legal process.
Local Animal Contact Information
City | Address | Contact Information |
Kansas City, Missouri | 2534 Prospect Ave. Kansas City, MO 64127 | P: (816) 513-1313 Website |
Kansas City, Kansas | 3301 Park Drive Kansas City, KS 66102 | P: (913) 321-1445 Website |
Basehor, Kansas | 14610 Parallel Road Basehor, KS 66007 | P: (855) 301-8423 Website |
Belton, Missouri | 7001 E 163rd Street Belton, MO 64012 | P: (816) 348-4423 Website |
Bonner Springs, Kansas | 215 Cedar Ave. Bonner Springs, KS 66012 | P: (913) 422-7800 Website |
De Soto, Kansas | 125 N Cherry Street Olathe, KS 66061 | P: (913) 782-0720 Website |
Edwardsville, Kansas | 650 S 4th Street Edwardsville, KS 66111 | P: (913) 596-3000 Website |
Excelsior Springs, Missouri | 1298 S Marietta Street Excelsior Springs, MO 64024 | P: (816) 630-0816 Website |
Fairway, Kansas | 125 N Cherry Street Olathe, KS 66061 | P: (913) 782-0720 Website |
Gardner, Kansas | 16540 N Moonlight Road Gardner, KS 66030 | P: (913) 856-7312 Website |
Gladstone, Missouri | 7010 N Holmes Street Gladstone, MO 64118 | P: (816) 436-1810 Website |
Grain Valley, Missouri | 719 R.D. Mize Road Grain Valley, MO 64029 | P: (816) 847-6250 Website |
Grandview, Missouri | 1200 Main Street Grandview, MO 64030 | P: (816) 316-4817 Website If A Bite or Scratch Occurs… |
Harrisonville, Missouri | 1300 Clearwater Dr. Harrisonville, MO 64701 | P: (816) 380-8961 Website |
Independence, Missouri | 21001 E M 78 Hwy. Independence, MO 64057 | P: (816) 325-7207 Website |
Kearney, Missouri | 100 E Washington Street Kearney, MO 64060 | P: (816) 901-4771 Website |
Lawrence, Kansas | 935 New Hampshire Street Lawrence, KS 66044 | P: (785) 832-7509 Website City Ordinance – Chapter III – Regulation of Animals |
Lawson, Missouri | 103 South Pennsylvania Lawson, MO 64062 | P: (816) 580-3217 Website |
Leavenworth, Kansas | 2019 S 3rd Street Leavenworth, KS 66048 | P: (913) 682-0268 Website |
Leawood, Kansas | 4201 Town Center Drive Leawood, KS 66211 | P: (913) 642-7700 Website |
Lee’s Summit, Missouri | 1991 SE Hamblen Road Lee’s Summit, MO 64082 | P: (816) 969-1640 Website |
Lenexa, Kansas | 17371 Prairie Star Pkwy. Lenexa, KS 66219 | P: (913) 477-7385 Website |
Liberty, Missouri | 2801 Riverwood Road Liberty, MO 64068 | P: (816) 439-4791 Website |
Mission Hills, Kansas | 7710 Mission Road Prairie Village, KS 66208 | P: (913) 642-6868 Website |
North Kansas City, Missouri | 2020 Bedford Ave. North Kansas City, MO 64116 | P: (816) 274-6024 Website |
Olathe, Kansas | 505 E Sunvale Drive Olathe, KS 66061 | P: (913) 782-0720 Website |
Overland Park, Kansas | 12401 Hemlock Street Overland Park, KS 66213 | P: (913) 895-6300 Website |
Platte City, Missouri | 11724 NW Plaza Cir. Dr. Platte City, MO 64153 | P: (816) 431-2011 Website |
Prairie Village, Kansas | 7710 Mission Road Prairie Village, KS 66208 | P: (913) 642-6868 Website Animal Control Ordinances |
Raymore, Missouri | 1023 S Madison Street Raymore, MO 64083 | P: (816) 892-3053 Website |
Raytown, Missouri | 10000 E 59th Street Raytown, MO 64133 | P: (816) 737-6014 Website |
Roeland Park, Kansas | 7710 Mission Road Prairie Village, KS 66208 | P: (913) 782-0720 Website |
Shawnee, Kansas | 1110 Johnson Drive Shawnee, KS 66203 | P: (913) 631-2155 Website |
Smithville, Missouri | 1 Helvey Park Drive Smithville, MO 64089 | P: (816) 532-0577 Website |
Tonganoxie, Kansas | 128 E 6th Street Tonganoxie, KS 66086 | P: (913) 758-4022 Website |