Dog Bites & Dog Attacks in Kentucky
Kentucky Revised Statute (“KRS”) 258.235(4), states: “Any owner whose dog is found to have caused damage to a person, livestock or other property shall be responsible for that damage.”
This means that Kentucky is a “strict liability” state when it comes to dog bites and dog attacks.
Even though KRS 258.235 created a strict liability action, negligence principles are still applicable, as the dog owner's liability may be subject to the doctrine of comparative negligence. This means that dog owners may seek to have a certain amount or percentage of the fault from a dog attack assigned to the victim of the dog bite or dog attack. That percentage of fault sought to be assigned by the dog owner to the victim may be attributed to the victim’s status as a trespasser upon the property and/or the victim’s behavior causing the bite or attack. The victim’s age is a factor when examining whether a trespasser status may create a defense whereby comparative fault may be assigned. Under a strict liability theory, the owners of an animal may exculpate themselves from liability by showing that the harm was caused by the victim's fault, or by the fault of a third person for whom the owner was not responsible, or by a fortuitous circumstance.
Dog bite and dog attack cases are not simple. There is much that needs to be examined about each particular instance or attack. All factors, such as the victim’s age and circumstances, the victim’s behavior, the knowledge of the dog’s owner with regards to dangerous nature of the dog, and what other factors came into play with regards to the attack or bite, must be examined.
Dog bite and dog attack cases usually cause serious injuries to people, especially children. Serious attacks and bites can lead to death, physical injuries & scarring, and emotional & psychological problems. Victims of dog bites and dog attacks should obtain lawyers who know what to look for when examining these types of cases.
For more information on dog bite & dog attack claims and injuries, contact Brent T. Ackerson, an injury attorney with Bahe Cook Cantley & Jones.
