Vanessa Cantley Will Argue To The Kentucky Supreme Court On Behalf of Dog Attack Victims
Vanessa Cantley, attorney and partner with Bahe Cook Cantley & Nefzger PLC, learned this week that the Kentucky Supreme Court will hear oral arguments in her case, Benningfield v. Zinsmeister. Vanessa represents Brandon Benningfield, who was 8 years old when he was the victim of a vicious dog attack in Jefferson County, Kentucky. She has been working for the last four years to get justice for Brandon and, on May 12, 2011, the Kentucky Supreme Court will hear her arguments, ask questions, and then decide whether Vanessa will succeed in her efforts.
Kentucky's dog bite statutes read in part as follows:
"Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage." (KRS 258.235)
"Owner," when applied to the proprietorship of a dog, "includes every person having a right of property in the dog and every person who keeps or harbors the dog, or has it in his care, or permits it to remain on or about premises owned or occupied by him" (KRS 258.095)
The Kentucky Court of Appeals has never held that a landlord is responsible for dog attacks caused by their tenants' dog. Vanessa is arguing that the plain language of the statutes above means that landlords who permit tenants to have dogs on their property are considered "owners" by law and, thus, shall be responsible for any damage the dog causes.
Not only is the statute clear and unambiguous in providing for landlord liability, but the law as written is good public policy. By defining landlords as owners of animals they permit to remain on property they own, and holding them accountable for injuries the animal causes, it encourages landlords to obtain insurance to cover animal attacks or require their tenants to carry insurance to cover damages caused by the animal. This will ensure that the innocent victim of the attack, or the taxpayers of Kentucky (if the victim does not have health insurance to cover medical bills) will not be left holding the bag.
The attorneys of Bahe Cook Cantley & Nefzger wish Vanessa luck in her fight for Brandon Benningfield and the thousands of other Kentuckians who have suffered brutal injuries from dog attacks.
