Missouri Small Claims Court for Dog Damage

Missouri's Dog Bite and Pet Damage Rules

Missouri is a strict liability state for dog bites. Under RSMo § 273.036, the owner or possessor is liable for an unprovoked bite to a person lawfully on public or private property, regardless of whether the dog had bitten anyone before — no "one free bite" rule. You don't need to prove negligence or prior knowledge of danger. A claimant's fault can reduce damages.

Section 273.036 also makes the owner or possessor liable for property or livestock damage proximately caused by the dog, including torn-up landscaping, killed livestock, or destroyed fencing.

Either way, Missouri small claims court handles claims up to $5,000 and is the practical venue for most dog-related damage disputes.

What You Can Claim

Your damages in a dog case include everything you can document with receipts, bills, or professional estimates:

• Medical bills — emergency room visits, stitches, antibiotics, tetanus shots, follow-up appointments. If treatment is ongoing, include a doctor's estimate of future costs up to the $5,000 limit.
• Veterinary bills — if the dog attacked your pet, veterinary treatment costs are recoverable property damage.
• Property repair or replacement — fencing, landscaping, damaged clothing, destroyed personal items.
• Lost wages — if the injury kept you from working, bring pay stubs and a letter from your employer documenting missed days.
• Livestock losses — for rural claims, the fair market value of killed chickens, goats, or other animals, documented with purchase receipts or comparable sale prices.

Missouri small claims court awards money damages only — it can't order the owner to euthanize, restrain, or relocate the dog. Those remedies go through animal control or a separate circuit court action.

Evidence for Dog Damage Claims

Dog cases depend heavily on evidence you collect immediately after the incident. Bring three copies of everything to the hearing:

• Photographs — of your injuries (taken at the hospital and during healing), damaged property, the dog if possible, and the location where the attack happened
• Medical or vet records — treatment notes, bills, and diagnosis
• Animal control report — if you reported the bite to animal control (and you should), get a copy of the report. It documents the incident independently.
• Witness statements — anyone who saw the attack or saw the dog running loose beforehand
• Prior complaints — if the dog had been reported before for aggression, running loose, or other incidents, those records strengthen your case even under strict liability by showing the owner's pattern of failing to control the animal
• Communication with the owner — texts, emails, or your demand letter requesting payment

Filing the Claim

File OSCA Form SC40 at the Associate Circuit Clerk in the county where the bite or damage occurred. Name the dog's owner or possessor as the defendant — not the dog. If the dog belongs to a household where multiple adults live, identify the person who owned or possessed the animal.

For rental properties where a tenant's dog caused damage, identify the dog's owner or possessor. A landlord is not automatically liable solely because the dog lived at a rental property.

Filing fees run $20.50 to $45 depending on the county. Certified mail service is about $10; sheriff service is $46 in Jackson County, $49 in St. Charles County (including $9 mileage, effective March 1, 2026), and $55 in Greene County. The summons gives your hearing date; ask the clerk about the current scheduling timeline in your county.

At the Hearing

The judge will ask you to describe what happened. Walk through it: where you were, what the dog did, what injuries or damage resulted, what treatment you needed, and how much it cost. Then present your documentary evidence.

For a bite claim under § 273.036, the bite must be unprovoked and you must have been lawfully on the property. The defendant may also argue that your fault reduces damages.

For property or livestock damage claims, focus on whether the dog proximately caused the loss and on the amount of damages. Photos of a broken gate, damaged property, or livestock losses can help document those facts.

After the Judgment

If you win, the defendant has 10 days to file an Application for Trial de Novo under RSMo § 482.365. If they don't appeal and don't pay voluntarily, you can pursue collection through garnishment or other execution methods — our judgment collection guide covers those steps.

Get the Full Filing Process

Our Missouri small claims filing guide covers every step from the demand letter to the hearing, including an evidence organizer and deadline calendar tailored to Missouri's Associate Circuit Court rules.

See more Missouri guides →