Our Skilled KY Personal Injury Attorneys Discuss Proving Liability for Serious Dog Bite Injuries
When someone else’s pet causes you severe injuries, whether through an aggressive attack or simply an accident, the consequences can be life-changing. Kentucky has a strict liability rule for dog bites. Even if the owner has a dog that is usually well behaved and obedient, they are liable for damages if the animal attacks or bites someone. The owner is also liable if the dog jumps on someone and knocks them down, causing injuries. .jpeg)
The experienced personal injury attorneys at Skeeters, Bennett, Wilson & Humphrey help victims prove liability for Kentucky dog bite injuries. Here, we discuss Kentucky’s comparative negligence laws, obtaining compensation for dog bites, and what to do if you knew the dog that bit you.
Why Dog Bites Can Be Serious and Who’s at Risk
While some dog bites result in only minor injuries, the damage is often severe enough that medical intervention is needed. According to the Centers for Disease Control and Prevention, one in five dog bite victims requires medical attention for their injuries.
Dog bites can rip through the skin, damage the nerves and tissues beneath the skin, and even break bones. Bites also transmit infectious diseases. The illnesses spread by dog bites can be life-threatening and may require prompt medical treatment. Getting immediate medical care is one of the most important things you should do after a dog bite.
Anyone who comes in contact with a dog can be at risk of being bitten, but those most at risk are children and seniors. The American Veterinary Medical Association (AVMA) reported that almost half of dog bite victims are children under 12. Adults older than 70 make up 10% of bite victims but 20% of dog bite fatalities, according to the AVMA. Dog bite victims of all ages can suffer major medical issues due to their injuries.
Kentucky Laws for Dog Bite Victims
In some states, victims must prove that the dog owner knew their pet was dangerous or the attack happened because the owner was negligent or careless. Under Kentucky law, however, dog owners are strictly liable for any injuries their pets cause to a person.
You can seek compensation from a dog owner’s insurance company even if:
- The dog has no prior history of biting or aggression
- The owner had no reason to believe the dog was vicious
- The owner was not careless or negligent
Kentucky’s strict liability law ensures that you won’t be barred from pursuing a claim just because you’re the dog’s first victim (the one-bite rule).
Kentucky’s Pure Comparative Negligence Rule
Although Kentucky uses a strict liability rule for dog bites, dog owners don’t have to pay for all damages if the victim was partially at fault for the attack. If a court determines that the victim was totally or partially at fault for the bite, the court can assess a portion of the liability to the victim.
Under this rule, if the victim is found to be partially at fault for the dog bite, their compensation will be reduced in proportion to their share of responsibility for their own injuries.
Compensation You Can Recover in a Dog Bite Claim
Through a personal injury claim, you can seek monetary damages for losses, including the following:
- Medical and rehabilitation costs, including future medical expenses
- Any losses in income or earning potential
- Scarring and disfigurement
- Pain and suffering
If You Knew the Dog That Bit You
In some instances, a stray dog attacks a stranger at random. However, many victims are bitten by dogs they know, including dogs that belong to their friends, neighbors, and relatives. You may have a relationship with the dog owner. You may even be very fond of the dog that bit you. Still, if your injuries are serious, you will likely need compensation to overcome the medical bills and lost time from work resulting from the bite.
Kentucky dog bite injury law makes it easier for victims to receive compensation even when they know the dog and its owner. Generally, you’re seeking compensation from the dog owner’s homeowners insurance or renters insurance coverage. You’re not asking your friend or relative to pay your damages out of their own finances.
One benefit of Kentucky’s strict liability law is that these claims don't have to be contentious. You can recover compensation without arguing that the dog owner was irresponsible, including situations when the bite was an accident.
To make a claim for bite injuries in Kentucky, you just have to prove the following:
- The dog in question is the dog that bit you
- The person you’re seeking to hold accountable is, in fact, the dog’s owner
- The bite, scratch, or attack caused your injuries and other damages
Skeeters, Bennett, Wilson & Humphrey Help Clients Prove Liability and Seek Compensation for Dog Bites
For the best chance of obtaining full compensation for a dog bite, you need skilled legal counsel who understands Kentucky’s dog liability laws. Even under strict liability rules, there are still challenges that arise in claims.
In all personal injury claims, you need to document the full scope of your damages to get the compensation you deserve. An Elizabethtown dog bite lawyer can help you establish all of the ways your injuries have affected your life. Your lawyer can also ensure your case meets the statute of limitations.
Your choice of Elizabethtown dog bite lawyer matters. The team at Skeeters, Bennett, Wilson & Humphrey is known for providing peace of mind to our clients throughout their legal journeys. With common sense advice and honest answers you can depend on, we help alleviate the hassle of the claims process.