Kentucky Injury Lawyer Blog

Every day, innocent Kentuckians are attacked by dogs who belong to individuals who rent homes or apartments. Most times, these dog owners have not obtained renters' insurance and have no other means to compensate victims for medical expenses (including reconstructive surgery) lost time from work, and pain and inconvenience. This leaves innocent victims holding the bag. And if the innocent victim does not have health insurance and is treated in the emergency room, this means that all of us are left holding the bag for someone else's negligent handling of their animal.

Kentucky's dog bite laws are written to hold all dog owner strictly liable for injuries caused by their dogs. This means both primary dog owners (who the dog belongs to) as well as secondary owners (such as landlords who are aware their tenants have a dog on the rental property) would be liable for all injuries caused by the dog. Unfortunately, Kentucky's courts have consistently failed to interpret the dog bite laws as they are written.

Vanessa Cantley, attorney and partner with Bahe Cook Cantley & Jones PLC is currently litigating a case to the Kentucky Supreme Court in the hopes that the Court will recognize the strong public policy reasons for interpreting and enforcing the current dog bite laws just as they are written. It's time that all those in position to prevent a vicious dog attack be held accountable when one occurs.

We have learned about another victim of a vicious dog attack in Kentucky. Karen Gillespie, a 53 year-old retired librarian was found mauled to death in a field near her home in White Mills, Kentucky on Wednesday. Hardin County Animal Control removed a dog from an adjacent property that is believed to be responsible for Ms. Gillespie's death.

Vanessa Cantley, partner at Bahe Cook Cantley & Jones in Louisville, has represented dozens of victims of vicious dog attacks and is currently litigating a case to the Kentucky Supreme Court asking it to hold dog owners even more accountable for injuries caused by their animals. She states: "My heart goes out to Ms. Gillespie's husband and her other friends and loved ones. This is a terrible tragedy and could have been prevented. Kentucky's dog attack laws have been interpreted several different ways over the last few years, but it is my position that the laws are written to hold dog owners strictly liable for injuries caused by their dogs - i.e. if their dog causes injury or death to an individual, the owner is liable for the damages regardless of whether they knew the dog had vicious tendencies. I hope the Kentucky Supreme Court will agree with me and decide to interpret the laws as they were written by our legislature."

If you or a loved one has been the victim of a dog attack, or you would like to learn more about the legal rights of victims injured by dangerous dogs in Kentucky or Indiana, please contact Vanessa Cantley directly at (502) 587-2002 or e-mail her by clicking this link: e-mail_Vanessa.

In what has disturbingly become an all too common occurrence, a six year-old Bowling Green, Kentucky girl sustained injuries to her face, jaw and lip from an attack by a pit bull. She was reportedly as a neighbor's house when the attack occurred. The girl is now recovering at Kosair Children's Hospital in Louisville and the pit bull has been quarantined.

Depending on the facts and circumstances surrounding this incident, the owner of the property and animal, if different, could be held responsible for the girl's injuries. Kentucky law regarding dangerous animal attacks has been in flux recently.

For more information on this subject and the rights of those injured or killed by dangerous animal attacks, including dog bites, contact Louisville, Kentucky attorney Will Nefzger by clicking on this link: e-mail Will. You can also find out more information about me and my firm by clicking on the Website link at the top of this page and going to my bio page.

A small child was attacked in Richmond, Kentucky by the family's pit bull, who allegedly had a history of attacking. The 15-month-old Richmond, Kentucky child was bitten on the foot. The dog also reportedly bit the child's mother and father.

Bahe Cook Cantley & Jones lawyer Larry Jones says, "Dog bites can be fatal. At the very least, they leave a child with mental and physical scarring for life. Dog owners need to keep dangerous animals away from small children --especially those dogs with a history of violent behavior."

For more information about the rights of those injured or killed as a result of a dog bite, contact Larry Jones by clicking here.

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.

In the case of Benningfield v. Zinsmeister, et al., Jefferson Circuit Court, No. 06-CI-04201, an eight year old boy was severely injured when a Rottweiler escaped from a hole in the fence of a rented house and viciously bit the boy. The boy was on a public side walk and was not trespassing on the property at the time of the injury. Unfortunately, Kentucky dog bite lawyers like Vanessa Cantley, who represents the Benningfield family, know incidences like this are all too common in Kentcuky. The victims of dog bites are disproportionately children, and most attacks by vicious dogs occur in less affluent neighborhoods. As a result, if the wrongdoers and others who are in the best position to prevent (or insure against) such easily preventable violence cannot be held responsible for the injuries caused, the innocent child and his family end up bearing the entire burden alone. Or, as is often the case because the attacks are on children who live in poorer neighborhoods and often do not have private health insurance, the taxpayers end up bearing the costs.

The Kentucky Legislature has passed a law designed to make sure that the people best able to prevent senseless injuries to youngsters and others are held responsible for the costs when a dangerous animal is harbored and allowed to attack someone. The Kentucky law defines a dog “owner” as “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.”

The landlord in the Benningfield case, who lived right next door to the leased property, was aware that his tenant harbored a dangerous breed of dog on the property and permitted the large male Rottweiler to remain on the property even though there was a hole in the fence. He did not require his tenant to carry renters insurance that would cover an attack by the Rottweiler.

While the law as drafted by the Kentucky legislature appears to be unambiguous in holding the landlord responsible in these circumstances, curiously, the Kentucky Court of Appeals has not done so, even though the statute includes as an “owner” a person who owns a premise and allows an animal to be harbored there. Louisville, Kentucky injury attorney, Vanessa Cantley, knew the case law from the Court of Appeals was against her when she took on the Benningfield family’s case. “It’s clear that the legislature intended to include the premises owner in the definition of an ‘owner’ of the dog under the statute,” said Cantley. “And, this makes sense from a public policy perspective. Unfortunately, many people who keep dangerous animal breeds on their property in residential neighborhoods aren’t the most responsible folks. They tend not to carry liability insurance,” Cantley explained.

It seems apparent that the legislature intended to give landlords a choice: either do not rent your apartment or house to someone who owns a dangerous dog, or, if you do, require them to carry renters insurance. Vanessa Cantley explained: “A landlord could purchase this insurance in the tenant’s name and include the premium in the rent, or the landlord could carry his or her own liability insurance that covers against animal attacks by dogs harbored on his or her rental property. This will hopefully lead to fewer dangerous dogs living in residential neighborhoods, and a greater likelihood that there will be insurance coverage if the dog attacks, so that the innocent child and the rest of us don’t end up picking up the tab for other people’s irresponsibility.”

Kentucky dog bite law holds the owner of a dog who causes harm strictly liable for the injury. This means that “[a]ny owner whose dog is found to have caused damage to a person . . . SHALL be responsible for that damage.” KRS 258.235(4). In Kentucky, an owner does not have to know that their dog is dangerous, the liability comes simply from owning a dog that attacks. For more on Kentucky dog bite law, click this link: Dog Bite Kentucky.