Missouri Dog Bite Law

How dog bite liability works in Missouri

For most of its history Missouri was one of the harder states in which to win a dog bite case. Under the rule restated by the Supreme Court in Duren v. Kunkel (1991), the owner was liable only if they knew or had reason to know the dog had dangerous propensities abnormal to its class, and courts held that even a prior bite did not by itself prove that⁷. House Bill 62 changed this in 2009. Section 273.036 now makes the owner or possessor strictly liable for damages suffered by a person bitten without provocation, "regardless of the former viciousness of the dog or the owner's or possessor's knowledge of such viciousness"¹.

The statute has limits. It covers bites, not knock-downs or scratches. It protects people on public property or lawfully on private property, including the owner's own yard¹. It names the "owner or possessor", so a dog sitter or a relative keeping the dog can be liable too¹. Section 273.036 also says its remedies add to any other remedy at common law, so a negligence or premises-liability claim stays available for injuries the statute does not reach¹⁷.

Two features are unusual. The statute writes comparative fault into its own text: any fault of the person bitten reduces the damages by the same percentage¹. And anyone held liable under it must also pay a fine of up to $1,000¹.

Missouri gives you longer than almost any neighbor. The general five-year limit applies, and a child's clock does not start until age 21²³. Next door, Illinois also has a dog bite statute, while Kansas still runs on the one-bite rule, so where the bite happened matters in the Kansas City and St. Louis areas.

The Missouri dog bite statute

The owner or possessor of a dog that bites a person without provocation, while the person is on public property or lawfully on private property (including the owner's or possessor's property), is strictly liable for the damages the person suffers. The owner's knowledge of any past viciousness does not matter¹. Owners and possessors are also strictly liable for damage the dog causes to property or livestock, except dogs killing or maiming sheep or other domestic animals, which § 273.020 covers¹. Damages are reduced by the injured person's percentage of fault, anyone held liable pays a fine of up to $1,000, and the remedy is in addition to any common-law claim¹.

• Law: RSMo § 273.036 (Owner liable, when — fine, amount), enacted 2009; last changed Not amended since enactment by H.B. 62 (effective Aug. 28, 2009); text checked October 2026
• Injuries covered: Bites only
• Where: Public places, or lawfully on private property
• Who is liable: The owner, or a keeper or harborer
• Damages: All damages, under the ordinary rules

Other ways to prove liability

Before 2009, and still for injuries the statute does not cover (a knock-down, a trespasser, a claim against someone who was neither owner nor possessor), Missouri follows Restatement (Second) of Torts § 509. A possessor who knows or has reason to know of a dog's dangerous propensities abnormal to its class is liable even after using the utmost care⁷. Proof of knowledge has been applied strictly: "the bare fact of a prior bite does not of itself establish the vicious propensity"⁷. In Wilson v. Simmons (2003), the Western District held that a premises-liability claim against the owner of the property where the dog is kept does not require proof of vicious propensities. It reversed a summary judgment for the owners of a dog that bit a nine-year-old guest⁷. Section 273.036 says its remedy is cumulative with these common-law claims¹.

Defenses owners raise

Provocation

The statute applies only to a bite "without provocation"¹. It does not define provocation. We found no published Missouri appellate decision applying § 273.036 that settles what counts, so the question goes to the facts of each case. Provocation can still count as the victim's fault in a negligence claim⁴.

Trespassing

The statute protects only people on public property or lawfully on private property¹. A trespasser falls outside § 273.036 and must rely on common law. The criminal-activity defense in § 578.024 is separate: plain trespass, and any trespass by a child under 12, does not count as criminal activity for that defense⁵.

Committing a crime

If the dog attacks or bites a person who is engaged in or attempting criminal activity, the owner or possessor is not civilly liable under § 273.036 or § 578.024. The owner is not guilty of the dangerous-dog offense, and the dog is not destroyed⁵.

Police dogs

A dog owned or used by a law enforcement agency that bites a person in the course of its official duties is exempt from § 273.036 and the dangerous-dog law, as amended in 2024⁶. A claim against a public entity also meets sovereign immunity, which Missouri waives only for vehicle accidents and dangerous conditions of public property¹⁴.

Other defense

If you injure or kill a dog to stop an attack, § 273.033 gives you an absolute defense to a civil or criminal case. You must show you reasonably feared imminent harmful contact to yourself or another person. The court must award your attorney's fees if the defense succeeds¹¹.

Shared fault

Pure comparative fault (RSMo § 273.036.1; Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983)).

Missouri has used pure comparative fault since Gustafson v. Benda (1983). A plaintiff found 90% at fault still recovers 10%⁴. The dog bite statute repeats the rule for strict-liability claims: if the person bitten had fault in the incident, the damages are reduced by the same percentage¹. In Duren v. Kunkel, a jury found the plaintiff 50% at fault in an animal-attack case and the judgment was halved⁷.

How the five fault systems compare: provocation, trespass and shared fault.

Missouri dog bite statute of limitations

5 years (RSMo § 516.120(4))

A suit for injury to the person must be filed within five years. Under § 516.100, the claim accrues when the damage is sustained and capable of ascertainment, which for a bite is usually the day it happens²²⁰. A claim for a pet or other property the dog damaged also has five years². A wrongful-death claim after a fatal attack has three years¹⁵.

Children. If the bitten person was under 21 when bitten, the five years run from the 21st birthday, so a suit can be filed until age 26³. Section 516.170 protects the person who was under 21. A parent's own claim, such as one for the child's medical bills, is not covered by its words³.

Work out your own date with the dog bite claim checker, or compare deadlines in every state.

Damages

Section 273.036 allows recovery of the damages the person bitten suffered, with no cap in the statute: medical bills, lost wages, pain and suffering, scarring and emotional harm¹. When a bite raises a rabies question, the owner must pay for testing the animal and for testing and treating the exposed person⁹. A separate rabies-chapter section, § 322.145, makes the owner of an animal that bites liable for all damages it does¹⁰. Punitive damages need clear and convincing proof that the defendant harmed you intentionally without just cause or acted with deliberate and flagrant disregard for others' safety. They cannot be claimed in the first petition¹². They are capped at the greater of $500,000 or five times the net judgment, unless the defendant is convicted of a related felony, such as the felony grade of keeping a dangerous dog¹³⁵.

Landlords and property owners

Missouri landlords are hard to sue for a tenant's dog. In J.D. v. Parrish (2020), the Southern District affirmed judgment for landlords whose tenant's dog bit a child. Missouri courts have refused to extend negligence liability for a domestic animal beyond its owners, possessors or harborers⁸. The court followed A.T. v. Satterfield (2020): owning the land, even with permission for the tenant to keep the dog, does not make a landlord a harborer, and a premises-liability label does not change that⁸. A landlord who actually kept or controlled the dog could be a possessor or harborer⁸¹.

Insurance

No Missouri statute limits homeowners or renters insurers' use of dog breed. Missouri also requires no liability insurance or bond from the owner of a dog that has bitten. The dangerous-dog law punishes the owner and orders seizure of the dog, but sets no insurance requirement⁵.

More on coverage, breed exclusions and renters policies: dog bite insurance.

The $1,000 fine attached to civil liability

Missouri's dog bite statute does something few others do: it pairs civil liability with a fine. Subsection 2 of § 273.036 says any person "held liable" under the strict-liability rule "shall pay a fine not exceeding one thousand dollars"¹. The fine attaches to the civil finding. The statute does not require a criminal charge, a prior bite or a dangerous-dog finding. The same subsection says the statute's remedies are "in addition to and cumulative with" any other remedy in statute or common law¹. A bitten person can therefore plead § 273.036 alongside negligence or premises liability⁷. The statute does not say who collects the fine or how it is enforced, and we found no published appellate decision applying subsection 2. The criminal side of a repeat bite is a separate law, § 578.024; see Missouri dangerous dog law⁵.

Bite reports and quarantine

In a county that has not adopted its own animal-control rules under §§ 322.090 to 322.130, any animal bite "shall be immediately reported to the county health department". The department then reports it to the state Department of Health and Senior Services (DHSS)⁹. The statute does not say who must make the report. City and county ordinances may add their own reporting duties. DHSS tells people who are bitten to report the bite immediately¹⁸.

No Missouri statute fixes the observation period. DHSS guidance is that a healthy dog, cat or ferret that bites may be quarantined for ten days, and in some cases euthanized and tested¹⁸. Under § 322.140, DHSS decides whether to order quarantine, isolation, impoundment, testing or disposal. It weighs the dog's vaccination history, the degree of exposure and the dog's prior behavior⁹. Knowingly ignoring the order, or giving away or moving the dog before release, is a class A misdemeanor. The owner pays the testing and treatment costs⁹. Local ordinances decide home versus shelter confinement.

Dangerous-dog hearings, euthanasia orders and criminal penalties are covered on Missouri dangerous dog law.

Questions about Missouri dog bite law

Is Missouri a one-bite state?

Not since August 28, 2009. Section 273.036 makes the owner or possessor strictly liable for an unprovoked bite to a person in public or lawfully on private property, whatever the dog's history¹. The old one-bite rule still governs injuries the statute does not reach, such as being knocked down by a dog⁷. For how other states compare, see strict liability dog bite states.

My child was bitten in Missouri. How long do we have to file?

The child's own claim can be filed until five years after the 21st birthday, so until age 26²³. That tolling rule speaks only of the person who was under 21, so a parent's own claim for medical bills may not get the same extension³. See child dog bites for what changes when the victim is a child.

Can I sue if I was bitten at the dog owner's house?

Yes, if you were lawfully there. The statute expressly covers people lawfully on private property, "including the property of the owner or possessor of the dog"¹. Guests, delivery drivers and invited workers are covered. A trespasser is not covered and must prove a common-law claim¹⁷.

Will Missouri put down a dog that bit someone?

Not after a first bite with no serious injury. That usually means a ten-day rabies observation¹⁸. Destruction is required when a dog with a prior unprovoked bite bites again, or when any dog seriously injures or kills a person. The owner can stop it by filing a written appeal in circuit court⁵. See Missouri dangerous dog law.

Does Missouri law cover a dog that knocked me down but did not bite?

Section 273.036 covers only people "bitten"¹. For a knock-down, you need a common-law claim: proof that the owner knew of the dog's dangerous tendencies, or a premises-liability or negligence claim against the person in control of the property⁷. Your own fault would reduce, not bar, the award⁴.

Official contacts

Sources

1. RSMo § 273.036 (owner liable, when; fine), Missouri Revisor of Statutes. Checked 17 October 2026.
2. RSMo § 516.120 (actions within five years), Missouri Revisor of Statutes. Checked 17 October 2026.
3. RSMo § 516.170 (disability: persons under 21), Missouri Revisor of Statutes. Checked 17 October 2026.
4. Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), Justia (Supreme Court of Missouri opinion). Checked 17 October 2026.
5. RSMo § 578.024 (keeping a dangerous dog; penalties), Missouri Revisor of Statutes. Checked 17 October 2026.
6. RSMo § 578.022 (law enforcement dogs exempt), Missouri Revisor of Statutes. Checked 17 October 2026.
7. Wilson ex rel. Wilson v. Simmons, 103 S.W.3d 211 (Mo. App. W.D. 2003), Justia (Missouri Court of Appeals opinion). Checked 17 October 2026.
8. J.D. ex rel. A.O. v. Parrish, No. SD36791 (Mo. App. S.D. 2020), Missouri Courts. Checked 17 October 2026.
9. RSMo § 322.140 (animal bite reports; owner's duties and costs), Missouri Revisor of Statutes. Checked 17 October 2026.
10. RSMo § 322.145 (liability of owner for animal bite), Missouri Revisor of Statutes. Checked 17 October 2026.
11. RSMo § 273.033 (killing or injuring a dog in self-defense), Missouri Revisor of Statutes. Checked 17 October 2026.
12. RSMo § 510.261 (punitive damages standard), Missouri Revisor of Statutes. Checked 17 October 2026.
13. RSMo § 510.265 (punitive damages limits), Missouri Revisor of Statutes. Checked 17 October 2026.
14. RSMo § 537.600 (sovereign immunity and its waivers), Missouri Revisor of Statutes. Checked 17 October 2026.
15. RSMo § 537.100 (wrongful death limitation), Missouri Revisor of Statutes. Checked 17 October 2026.
16. RSMo § 558.011 (terms of imprisonment), Missouri Revisor of Statutes. Checked 17 October 2026.
17. RSMo § 558.002 (fines), Missouri Revisor of Statutes. Checked 17 October 2026.
18. Rabies Surveillance (actions after a potential rabies exposure), Missouri Department of Health and Senior Services. Checked 17 October 2026.
19. RSMo § 67.140 (ownership of domestic animals), Missouri Revisor of Statutes. Checked 17 October 2026.
20. RSMo § 516.100 (when a cause of action accrues), Missouri Revisor of Statutes. Checked 17 October 2026.