If a dog injures someone, or another animal, the Missouri legal system takes it seriously. While the injured person may file a lawsuit, that is only part of the story. Usually, the local government will investigate the incident and consider designating the dog a “dangerous dog” or even destroying it.
When we are talking about the life of a family pet, the process matters. Yet the steps involved, who makes the decision, what evidence is used, and what rights you have can vary widely from one place to another—often in surprising ways.
For instance, in most of St. Charles County, the Director of the Department of Public Health first decides if the dog is “dangerous.” But in the City of Wentzville, the Chief of Police makes the decision. If the case is being investigated in St. Charles County, certain bites REQUIRE finding the dog to be dangerous. If that same bite were being reviewed by the City of Wentzville, however, it is not required.
At the James Law Group, we know how scary and confusing it can be to have the government come after a family pet. We have gone through the process, we know how it works, and we can help you navigate it to achieve the best result for you and your dog.
This blog will explain:
- What a dangerous dog really means
- How the law decides when a dog is dangerous
- What happens after a dog is declared dangerous
- What dog owners should do to avoid legal trouble
Let’s begin with the basics.
What Does “Dangerous Dog” Mean?
When most people hear “dangerous dog,” they might think of a specific breed or a dog that is uncontrollable and vicious. But, in Missouri, the law does not declare a dog “dangerous” based its breed. The designation can be given to any dog, under the right circumstances, not just “vicious” or uncontrollable dogs.
The truth is that, in Missouri, a “dangerous dog” can mean different things, depending on the what is being talked about.
Under Missouri “state law,” a “dangerous dog” generally depends on whether the dog has previously bitten a person or animal for no reason. This definition and use of the term “dangerous dog” can apply in criminal cases and in some cases where the government seeks to destroy a dog.
More commonly, “dangerous dog” is a designation imposed by a city or county government on a dog after some dog bites. Those determinations are generally being made by animal control or a department of public health. They have the power to impose significant burdens on continuing to own the dog or to order the dog euthanized.
Whether a dog that bit you was “dangerous,” by any definition, does not affect your right to bring a dog-bite lawsuit. In Missouri, a dog owner is “strictly liable” if his dog bites a person for no reason. That means, if a dog bites you for no good reason, the owner is responsible for your damages automatically and a personal injury lawyer can help make sure your are properly compensated.
Dangerous Dogs and local governments
Most cities and counties have their own rules about when and how a dog will be declared dangerous. Those rules and what makes a dog “dangerous” can be surprisingly different from one place to the next.
Most local governments in the St. Charles area declare any dog to be dangerous if it has inflicted a “puncture” wound bite on a person. (Dunbar Level 3). If the dog bite was less serious or if the dog bit an animal rather than a person, the decision is based on factors such as:
- has the dog killed an animal
- any history of bites
- whether the bite was on the owner’s property or somewhere else
- any tendency to snap, growl, or other threatening behavior
- whether training is likely to help
- whether the owner is able and willing to protect people from the dog.
It important to emphasize that the circumstances of the bite and the character of the dog are important for minor bites or when a dog bites an animal. If a dog bites a human and causes a single “puncture” wound, however, the circumstances of the bite and the dog’s character are irrelevant in many places, such as St. Charles County.
This importance of this difference most often arises when dogs “fight” at the dog park. Owners sometimes reach right into gnashing teeth, trying to separate the dogs. If one of the dogs accidentally catches the owner’s forearm and punctures his skin, the law strictly requires the dog be declared a “dangerous dog“ in St. Charles County.
Missouri’s state Law
Missouri has a statewide law that makes it a crime to own a dog that bites a second person after previously biting someone without being provoked.
Here are the key points of that law:
- The only thing about the prior bite that matters is if it was without provocation,
- The second bite does not have to be without provocation.
- It does not matter if the first bite was reported
- It does not matter if a local government has been involved
If the dog bites a second person, the severity of the crime depends on how serious the injuries were:
- Class B misdemeanor — normal second bite
- Class A misdemeanor — if the second bite causes serious injury
- Class E felony — if both bites caused serious injuries
- Class D felony — if the second bite leads to someone’s death
These classifications matter because they determine how harsh the criminal penalties can be. A Class B misdemeanor is punishable by up to six months in jail, while a Class D felony is punishable by up to seven years in prison.
In addition to the potential criminal charges, the law also requires that these kinds of “dangerous dogs” be destroyed.
How a Dog gets declared dangerous by the local government
Although the exact procedures, rules, and standards can different considerably from place to place, the overall process is largely the same:
1. Someone Reports an Incident
After a person or animal is bitten, the process starts when:
- Animal control or law enforcement is called, or
- A medical provider reports the injury
The first step is usually seizing the dog to be held at a local shelter for a minimum 10 day quarantine. Often, dogs remain in the possession of animal control until the investigation and determination is complete. In some circumstances where the risks of rabies or public danger is low, animal control may allow the owner to quarantine the dog at home.
Animal control will often investigate the situation. This can include:
- Interviewing witnesses
- Looking at medical records
- Seeing where and how the bite or attack happened
- photographing evidence
2. Designation — Official Labeling
After investigation, the local decision-maker follows the rules regarding when a dog should be declared dangerous. In some situations, the law doesn’t give the person a choice while, in other circumstances, the person making the decision can use their own judgment and common sense.
The person making the decision always has the option, however, to come to an informal agreement with the dog owner before making the formal decision. That means a dog owner sometimes has the opportunity to avoid their dog being officially declared “dangerous,” even if the law requires it based on the nature of the bite.
If either the government or the dog owner is unwilling to settle the matter with an informal agreement, the government issues a written notice to the dog owner regarding whether the dog is being declared dangerous and, if it is, whether or not the government has decided to destroy the dog.
3. Appeal
If the owner is unsatisfied with either part of the decision, they can “appeal” the decision within the local government. In Wentzville, for example, if the Chief of Police decides to destroy a dog and the owner’s “appeal” of the decision goes to the Wentzville municipal judge. By contrast, in St. Charles County, this “appeal” is heard by a private lawyer, hired by the county, to be a “hearing officer” for these appeals.
If the dog owner is dissatisfied with the decision from the “appeal,” they can still have the decision reviewed through a court proceeding in front of a circuit judge.
4. Trial De Novo
After the initial decision and the appeal of it, the dog owner is entitled to have the decision reviewed in court by a judge. In that review, the court makes it’s own decision based upon the facts and the law presented.
Broadly speaking, the dog owner is not entitled to further review of the substance of the decision.
What Happens After a Dog Is Declared Dangerous
When a dog has been declared a dangerous dog, and the dog is not destroyed, the dog’s owner must follow very specific rules to keep the dog. The specifics can vary from place to place, but the burdens imposed can make it very difficult for many people to keep their dog. Common requirements include:
- wearing a bright collar with “Dangerous Dog” stamped or embroidered on it
- government approval required to give the dog away
- prominently display notice indicating the presence of dangerous dogs at the entrance to the home
- When off of owner’s property, the dog must be muzzled
- The owner must obtain insurance payable to anyone bitten in the future
- expensive and time-intensive dog-training
Dog Owner Defenses
Most dog bite cases are not serious enough bites to trigger a mandatory designation. In most cases, then, the person hearing the case can use their own judgment and common sense in deciding what to do.
Such cases are almost always about what should happen to the dog. The circumstances of the bite, the character of the dog, and how responsible the owner is are generally the most important issues and what the defense almost always focuses on.
In cases where the designation appears mandatory, the nature and medical characteristics of the bite can become the focus of the defense. Even in these cases, the circumstances of the bite and the character of the dog are crucially important to whether or not the dog will be destroyed and must be part of the defense.
On occasion, it can be unclear which dog actually bit the person (i.e. when a person gets bitten while breaking up fighting dogs), which can become the crux of the defense.
This area of law’s complexity and overlapping rules and regulations can create legal confusion. In some factual situations, it can be hard for anyone to figure out which rules apply and who should be making the decisions. When that happens, the legal uncertainty itself can sometimes be used as a shield to protect the dog owner.
Dangerous Dog Myths — What Isn’t True
It’s important to separate fact from fiction:
Myth: Only big dogs can be dangerous
Reality: Any dog, of any size, can bite or act aggressively. In some cases small dog’s teeth can be more likely to create “puncture wounds” even though they may be less likely to be reported to the authorities.
Myth: One free bite
Reality: Although people sometimes use that phrase because criminal liability can be imposed on a second bite, a dog’s first bite is anything but “free.” Any bite investigated by the government can result in the dog being declared dangerous and/or the dog being destroyed.
Myth: Breed determines danger
Reality: Laws focus on behaviors and the severity of the resulting injury. The laws and rules apply to any dog and breed is considered irrelevant.
When to Get Legal Help
If you live in St. Charles County or near St. Peters, MO and your dog has bitten someone you should talk with an attorney who understands:
- Dangerous dog designations
- Missouri dog bite law
- Local city and county ordinances
- How to build the best defense given the facts
At James Law Group, we help dogs and their owners be treated fairly after a dog bite. We understand that even a bad bite does not mean there is a bad dog and we will fight to keep your pet in your home. If your dog is under investigation, contact us right away.