Kentucky Dog Bite Law
Dog bite laws are designed to protect victims of dog bites or dog attacks and ensure that they recover fair compensation for their injuries. However, such dog bite laws usually vary from state to state. Under Kentucky Revised Statutes Section 258.235:
"Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage."
Furthermore, Kentucky Revised Statute Section 258.095 describes a dog "owner" as every person who:
- Keeps or harbors the dog;
- Has the dog in his or her care;
- Permits the dog to remain on or about premises owned and occupied by him or her; or,
- Permits the dog to remain on or about premises leased and occupied by him or her.
In the event of a dog bite or dog attack, strict liability will be imposed on the dog's owner.
Kentucky is among the states with strict liability for dog bites or attacks. The state's law is favorable for any individual who was bitten, attacked, or injured by a dog. With respect to Kentucky Revised Statutes Section 258.235, the dog's owner will be held strictly liable for the victim's dog-bite injuries and damages.
Liability in a Dog Bite Case
As mentioned earlier, dog bite lawsuits in the Commonwealth of Kentucky are considered "strict liability" cases. There is no need for the victim or plaintiff to prove that any negligence occurred.
Comparative Negligence in Kentucky
Furthermore, Kentucky operates using the "pure comparative negligence" principle. Under the system, your involvement in the dog bite incident doesn't limit your ability to recover damages. However, the amount of financial compensation you may recover will be reduced by your percentage of fault.
For example, if the court awarded $40,000 in total damages against the dog's owner, but the judge found you to be 10% responsible for the dog bite incident, your damages will be reduced by $4,000. You will only be allowed to recover $36,000. Under Kentucky's pure comparative negligence rule, you would still be allowed to recover damages, even if you were 99% responsible for the incident.
Filing a Personal Injury Claim
In order to recover damages, the dog-bite victim can proceed by:
- Filing an injury claim with their own insurer
- Filing a third-party claim directly with the insurance company of the at-fault party
- Filing a personal injury lawsuit in civil court against the at-fault party
However, it is important that you consult with an experienced attorney about your dog bite case sooner rather than later to ensure that you do not lose any evidence or miss the time period for filing your lawsuit. You must commence an action to recover damages for your dog bite injuries within one year from the date the incident occurred.
The following damages may be recovered through a Kentucky dog bite liability claim:
- Medical bills and expenses incurred due to the dog bite injury
- Future medical expenses, such as physical therapy
- Lost income or wages and other benefits
- Lost earning capacity due to the injuries sustained
- Compensation for physical pain and suffering and emotional trauma
- Compensation for property damage or vehicle repair
- Quality of life diminishment
- Punitive damages to punish the dog owner for their egregious behavior
An experienced personal injury attorney can fight compassionately to protect your rights and help you recover your rightful compensation.
Work With an Experienced Personal Injury Attorney
Being attacked by a dog can be an unsettling experience that affects several aspects of your life, including your physical, financial, and mental health. Fortunately, Kentucky dog bite victims may be eligible for financial compensation to help cover their medical expenses, physical therapy, lost wages, and any additional pain, discomfort, and suffering. If you have been bitten or attacked by a dog, you need to act quickly and hire an experienced personal injury attorney to advocate for your rights and help fight for the financial justice you deserve.
At the Law Offices of John Schmidt & Associates, we have the resources and experience to assist, support, and represent victims of dog bites in their personal injury or premises liability claims. As your legal counsel, we can:
- Fight compassionately for your rights and protect your best interests.
- Gather all necessary documentation and evidence needed to build an effective case.
- Seek to establish fault and prove liability.
- Determine the full extent of your dog bite injuries and other related losses.
- Estimate your case’s value.
- Help negotiate a fair settlement with any insurance company while making your best interests a priority.
- Take additional legal action, where required.
Our team will work diligently to hold the dog's owner liable for your injuries. Having us on your side can make a big difference in your dog bite liability claims.