Kentucky has a strict liability law for dog bite owners. If you or your child experiences a dog bite injury, you can sue the animal’s owner for your injuries regardless of circumstances.
Read on to learn more about the state’s dog bite liability laws.
While some states do not hold the dog’s owner responsible if the animal has not bitten anyone before, Kentucky does not abide by this so-called “one bite” statute. With strict liability, the owner is responsible for any injury to person, property or another animal caused by his or her dog. This applies to both bite injuries and those resulting from a fall caused by a dog. In addition, if a state resident knows that his or her dog can be dangerous, the dog must be kept in a secure area away from other people and animals, or the owner risks fines and jail time.
Pure comparative negligence
Although the court will not dismiss a dog bite lawsuit if the plaintiff trespassed or provoked the dog, the court may reduce the awarded damages by the fault percentage as determined by the judge. For example, under pure comparative negligence, you would receive 55% of your medical costs if the judge finds you were 45% at fault for the bite because you approached a barking dog. To determine comparative negligence, the judge will review the circumstances leading up to the dog bite and consider how each party’s actions contributed to the injury.
Statute of limitations
You must file a dog bite lawsuit within one year of the incident. Otherwise, the court will dismiss your case. Seek immediate medical attention after a dog bite and keep careful records of your associated costs. You should also document the dog bite incident so the court can determine liability in your case.