An Introduction to Kentucky Dog Bite Laws
The state of Kentucky does not have a specific statute pertaining to dog attacks. Instead, Kentucky codifies its dog bite statutes under Title XLV, Chapter 258 — Animals and Livestock — of its Kentucky Revised Statutes. This chapter is divided into two sections: dogs and livestock. Under this chapter, dog owners are held liable for personal injuries and property damage caused by their dogs. The liability of the dog owner is strict, meaning that owners are liable for dog bite injuries or other injuries suffered due to the dog’s actions, even if the owners were not negligent or did not know of the dog’s dangerous aggressiveness.
Any dog owner may be liable for injuries suffered from dog bites or dog-related reactions from a human depending on the dangerous aggressiveness or provocation from the human or victim of the dog attack . This means that there are situations in which the dog owner may not be liable for the injuries due to the aggressive behavior of the person (human) injured by the dog.
Kentucky regulates the definition of "dangerous dog" and "severe attacks," which are important to understand. The dog must display dangerous aggression —meaning that the dog has bitten someone previously — before the owner can be categorized a dangerous dog owner and liability must reach above the threshold of what Kentucky deems a "severe attack." To be considered a "dangerous dog" in Kentucky, an animal must have "caused injury that results in an abrasion, bruise, laceration, or fracture requiring medical attention upon a domestic animal or human being." If a dog does not meet this threshold for a "dangerous dog," the owner cannot be held strictly liable for any injuries suffered by the victim.
Dog Owner Strict Liability
Kentucky has opted for a strict liability rule regarding dog bites. As such, it matters not what you are doing to provoke the dog when the dog attacks. KRS 258.235 holds that a dog owner is strictly liable for damages should his dog bite someone. The statute is written that the dog’s "biting" someone shall make her owner liable for damages regardless of the dog’s "previous vicious propensity", the owner’s knowledge thereof and the lack of proof of a person’s provocation thereof.
Continued to be the biggest misconception — dog bite victims assume that if a dog bites someone, the injured party does not have to prove that the owner knew or should have known of the dog’s propensity for aggression. This is simply not true. For example, Jimmy lets his dog roam in an open space. His dog runs up, grows aggressive and bites Malcolm. Jimmy is not liable because the dog did not "bite" Malcolm. Jimmy, however, could be liable for negligence should Malcome slip and fall trying to avoid the dog. Jimmy would be liable if, in the escape, Malcolm pushes Susie down and breaks her leg.
Let’s say Jimmy is at home. Pam is a door to door sales person. She knocks on Jimmy’s door and before she knows it, Jimmy’s aggressive dog is biting her. Jimmy is liable for Pam’s injuries and damages. Despite his diligent recitation of the English Bulldog Creed, it is irrelevant. Jimmy is liable.
What if Jimmy’s dog is a rescue from the animal shelter? As discussed above, the answer is still the same. The animal shelter is not liable. Virginia law is different than Kentucky law. Virginia law protects animal shelters from liability upon adoptions according to Virginia code section 3.2-6500.
What if, before Jimmy let his guard down and let his dog run, he was at his sister’s house and tells her that he would like to adopt a dog. His sister happily agrees that he can have her dead dog’s bowl. Would the result be different? The answer is no. The law does not give Jimmy a pass because he obtained the dog from his sister. Does the fact that Jimmy neglected his dog cause him to be liable under the statute? Again, the answer is no.
What if Jimmy intentionally put the dog in Malcolm’s way? The answer here though, the answer is yes. The law holds parties liable for the ensuing damages if one directs someone to act. Jimmy being aggressive with his dog that he knows is aggressive but instructs his dog to bite is more akin to Jimmy throwing a piece of ice at Malcolm causing him to slip and fall.
Does Jimmy have to have a fence around his property? Really this is a question of negligence and not liable under the statute that imposes strict liability. If Jimmy does not put a fence up, yet he knows his dog would go onto Malcolm’s property and bite him, then Jimmy should have put a fence up, right?
The statute holds owners of dogs who bite someone strictly liable for the resulting injuries and damages. Absent an affirmative action that the owner intentionally directs a devil dog to attack a victim, the home owner is not liable for those injuries and damages. The statute holds owners of dogs who bite someone strictly liable for the resulting injuries and damages. The law also holds those who have the ability to prevent something from happening, liable, too. For the dog – fence boundaries around the owner’s property will allow for a claim if the owner’s dog gets out and bites someone. Even if it is just someone other than the dog owner’s family members, the owner could be liable. The point is that if someone is hurt by a dog bite – it is very possible that someone is negligent somewhere along the line. It could be the victim who did not see the dog. It could be the home owner who did not have a fence surrounding her property. It may be an open space with several homes nearby. It could even be the county code enforcement who did not require a homeowner to install and repair a fence. The point is that there are many who are responsible for a dog bite injury. And, for the owner, fence or no fence, that owner is strictly liable regardless.
Dog Bite Defenses
While dog owners in Kentucky have strict liability for their dog’s actions, dog owners may still attempt to avoid liability by showing that they were not responsible for an injured person’s damages under one of the following defenses:
Provocation – if you encouraged, taunted, or provoked the animal to bite you, then a Kentucky dog owner or homeowner insurance company may use this as a defense. While many courts in other states have limited the provocation defense to actions that would not normally cause excitement in an animal, Kentucky courts have allowed provocation even if the actions would not normally elicit the excited state of the dog. However, an animal’s prior unprovoked aggressiveness should not be considered provocation under Kentucky law.
Trespass – if you were trespassing on private property at the time you were bitten and did not have the permission of the landowner, then Kentucky dog owners may not be liable for your injuries. However, if an injured person was not guilty of any wrongdoing himself, the rule of mutual safety should apply.
Assumption of Risk – if you were informed that your actions put you at risk of being bitten and still engaged in those actions, a dog owner may use this as an argument that the injured party’s conduct was a cause of his damages.
Damage – if you did not suffer any injury or damage as a result of the attack, the strict liability statutes may not apply.
Dog Bite Victim Rights
Legal Rights of Kentucky Dog Bite Victims
In the face of pain and suffering from dog bites or attacks, dog bite victims might be wondering what their rights are. Do they have any? The fact is they do. They can seek compensation for their injuries and damages from those who are responsible.
The first thing to do is to seek immediate medical help for the injury. There are many laws surrounding the treatment and compensation, but the most important step is to get proper medical attention. Getting immediate help protects you and it protects others. Many people are injured or infected from animal injuries due to the failure of the victim to seek medical treatment. So without the corresponding medical report, you could be waiting months or longer for resolution of the case. Plus, the medical attention will give you peace of mind.
From there, reach out to law enforcement so that a report can be filed. The police report is also very important to the successful resolution of the case for compensation. The police will ask for a photo of the injury and gather as much information as possible, including photographs of the animal.
There are also laws about reporting the incident to animal control in order to keep others safe from the animal. If proper notifications are not made, legal troubles could arise.
From there, you will want to contact a Kentucky personal injury lawyer to help you pursue compensation for your injuries associated from the dog bite or attack.
Steps to Take After a Dog Bite
Nothing can be more traumatic and unexpected than being bitten by a dog. Even the Injuries from a dog bite are nothing to sneeze at! Not only does the victim of a dog bite have to deal with the experience itself, but even worse is having to go through legal inquiries and understand their rights. In Kentucky, dog bite laws aim to strike a balance between the rights of animals and the protection of victims. Therefore, it is vital for victims of dog bites to know what steps to take. Here are some tips: Immediately after the dog bite , do the following: Try to photograph the scene and dog if it is safe to do so. Then seek medical attention. If your dog bite injury may require emergency treatment, call 911 or have ambulance services take you to the nearest hospital. Make sure to keep all records of your medical treatment. Engage legal counsel as soon as possible. Medical costs and losses due to missed work caused by the dog bite or attack may accrue quickly. The dog owner is responsible for certain aspects of the injury, and you should not suffer financially because of someone else’s negligence.
Statutes of Limitations for Dog Bite Claims
In Kentucky you have one year from the date of injury to file a lawsuit related to a dog bite. This is called the "statute of limitations" and it’s crucial for victims to understand it. Waiting even a day longer than one year could mean permanently losing the right to file a suit to recover damages for medical bills, lost wages, other expenses related to your injuries, and pain and suffering.
There are only three circumstances in which the courts would allow you more time: You might feel a little overwhelmed in the days and weeks after the dog attack, which can cause consequences. One of the biggest mistakes is waiting for a settlement from the owner’s homeowner’s insurance policy. While this may help you to avoid an uncomfortable legal situation by resolving it privately, it does not extend or change the amount of time you have to file a lawsuit. That means you could wait weeks, even months looking for a settlement before realizing that the insurance company is just playing hardball, and then file a suit in court. At this point, there is still a possibility that the court will extend the deadline slightly, but it can be difficult to convince the court to do so. In many cases, the defendant files a counter suit against the victims seeking damages on their own behalf. On the other hand, the victims are required to file suit within the statute of limitations allowed for them. This means that the victims are under intense pressure to settle quickly in order to avoid any chance that they will miss that window. Instead of relying on the insurance company’s timetable, it’s much better to file as soon as possible. Even if you think the case will settle out of court after a few weeks and you’re uncertain as to whether filing a lawsuit is necessary, a personal injury lawyer can file an "untimely" lawsuit within the statute of limitations. This means that the lawsuit won’t go to court until after the victim signs a release, officially settling with the insurance company. If you wait until the last minute to file, the insurance company may try to get off without paying the compensation. The company could argue that the release is invalid because, at the time it was signed, there was a lawsuit filed and pending. At least, that’s what the insurance company’s lawyers would say, and they would work hard to convince the court of this. The easier (and safer) way to avoid all of this is just file a lawsuit once you are positive that you want to take action against the defendant.
Liability and Insurance Issues
Insurance and Liability Considerations in Dog Bite Cases in Kentucky
Understanding the complexities of insurance and liability coverage in dog bite cases in Kentucky is crucial for victims to secure compensation for their injuries. At the point where a dog attack fosters a claim for damages, the question of financial compensation invariably presents itself. In many situations, the target for such claims derives from homeowner insurance policies in force at the time of the attack. In these cases, where the dog owner is covered under an applicable homeowner insurance policy, that insurance company could be responsible for payment to the dog bite victim. Following from contrary analyses, if the owner does not have insurance coverage, one may conclude that the owner is personally liable for the resulting injuries suffered by the victim. Although these generalizations are generally accurate, there can be important exceptions and caveats in specific circumstances. For example, certain policies do not cover dog bites irrespective of the owner. In other words, if the dog bite occurs, and the insurer feels the owner is liable (due to negligence or intending injury), the company might accept liability for the owner even if the policy specifically states it is not liable for dog bites. In such cases, however, the company might issue a complete denial of liability initially, and later on amend this response in order to offer payment for the dog bite. Other policies are more rigorous and exclude coverage for dog bite incidents altogether. This type of policy eliminates any obligation by the insurance company to pay for injuries suffered by the bite victim and then sued against the owner. Additionally, house-renters insurance policies may not provide coverage for dog bites, despite the property owner having a homeowner insurance policy in effect. If the dog belongs to an employer and the mistress suffers injuries sustained while doing work-related duties, that employer could be found liable for damages in a lawsuit. In such a case, the employer may be responsible for payment by virtue of the employer-employee relationship, rather than via any insurance policy. If the owner of the company is covered by insurance, however, and that policy does not specifically exclude coverage for dog bites, the company’s insurance could cover damages suffered by the mistress.
Dog Owner Precautions
In addition to understanding Kentucky’s liability laws regarding dog bites, owners and guardians can take some steps to prevent incidents from happening.
Proper training and control of the animal are crucial.
Clearly, one of the most effective ways to prevent a dog bite is to train the dog properly. This typically means making sure that the animal understands all basic commands and can consistently follow them. Objects that are used for training should not be used for punishment; scolding the animal can cause fear and make it more dangerous to even those who are close to it. Giving rewards, on the other hand, reinforces appropriate behaviors.
Another element of behavior modification is socialization; pets must interact with people and other animals regularly so that they are not afraid or aggressive when encountering new stimuli. A qualified professional can guide this process , ensuring that it is done in a safe and effective manner.
Allows, restrictions, and other such control measures can also be useful in some situations. A muzzle, for example, can prevent an animal from biting anything, but it may also keep it from eating or panting properly. Children and some other individuals may not know how to use them in a safe way, so pet owners should be prepared to supply an explanation for showing the proper technique.
Invisible fences, which consist of a transmitter and receiver collar, can also be valuable for keeping dogs contained to a yard. However, dogs may still occasionally escape, sometimes at great damage to either the pet or others. Consequently, they should never be relied upon for keeping an animal restrained.
These and other similar measures can help an owner to avoid liability under the dog bite law in Kentucky.