Dog attacks and bites can be traumatic and life-altering experiences, often leaving survivors with physical injuries, emotional scars, and ongoing financial burdens. While we’d all like to believe that dogs are “man’s best friend,” the truth is that every animal is different and even the friendliest pets can turn vicious under certain circumstances and provocation.
According to the American Veterinary Medical Association (AVMA), 44.6% of households in the United States own a dog. Because dogs are so common, attacks occur often. If you’ve been a victim of a canine attack, or a loved one suffered a wrongful death, a Louisville dog bite lawyer can provide the support and guidance you need during this difficult time. Thomas Law Offices can help you with a potential legal claim.
Let’s take a look at some additional facts about dog attacks and the rights Kentucky law affords you if you’ve been injured.
Why Dogs Attack
There are many reasons why a dog might choose to attack a person or other animal. Many of those are associated with how a dog was raised, its breed, and its natural temperament.
Some of the most common reasons a dog might become physically aggressive include:
- Neglect: Unfortunately, not everyone who owns a dog should have one. Some people resort to mistreatment or extreme punishment when their dogs don’t obey. Just like with a person, when abused, the animal will likely learn to be defensive, especially when it feels threatened or cornered.
- Lack of Socialization: Canines are, by nature, pack animals, and responsible dog owners understand how important socialization is to these animals, especially during the first three months to prevent behavioral issues like fear, aggression, or avoidance later in life. While this can be harder to achieve with adopted, older, or rescued dogs, it’s still important to ensure that your dog knows how to act and is as comfortable as possible around people and animals.
- Fear: At a basic level, dogs respond to fear just like people do, with a “fight or flight” response. Whether a dog is feeling fear in response to how they’ve been treated in the past, or because of the current circumstances that they’re in, a scared animal is likely to attack as a means of protecting themselves. Dogs may lash out at a human or another animal that they feel uncomfortable or threatened around.
- Medical Issues: If the dog is in pain or is suffering from a chronic medical condition, they can also be more likely to act aggressively because of a lower threshold for reactivity.
- Training: Some owners choose to train their dogs to be on guard or to protect property or family, as opposed to strictly being a pet and companion. While this isn’t always a bad thing (many dog breeds have natural and bred abilities for this type of upbringing), these tendencies can get dangerously out of hand if the owner doesn’t manage the dog properly. These animals can end up attacking someone or something simply because they incorrectly assumed that there was a threat.
Dangers Associated with Dog Bites
Dog bites are particularly susceptible to infection because there are over 60 kinds of bacteria in a dog’s mouth. The following are the most common diseases that can result from a bite that is not properly treated:
- Rabies
- Capnocytophaga
- Pasteurella
- MRSA
- Tetanus
Children between the ages of five and nine are the most likely to be bitten by an animal of any age group. This is often because they don’t understand how to act around dogs or may be put in a situation that endangers themselves or the animal.
Children are also more likely to need medical attention after a dog bite as they tend to sustain more serious injuries than adults when bitten.
Dog Bite Laws in Kentucky
Kentucky Revised Statutes Section 258.235 outlines the laws attached to dog bites. Regarding animal attacks, Kentucky is a strict liability state. This means that the dog’s owner is responsible for all the damage caused to a person, animal, or property by their pet. The statute also states that any person may kill or seize any dog that is attacking a person.
After an attack, any dog that’s exhibited violent behaviors toward someone or something is declared to be dangerous and must be kept away from people.
Strict Liability
Under these strict liability laws, dog owners are responsible for any injuries their dog inflicts, even if the owner had no prior knowledge that their dog might bite or act aggressively. This means that, if you’ve been bitten or otherwise injured, you don’t have to prove that the dog owner was negligent or that the dog had a history of biting to pursue a lawsuit.
If were lawfully on the property where the attack occurred, and you didn’t provoke the dog, you have a strong chance of holding the owner liable.
Comparative Fault in Dog Bite Cases
Kentucky also follows a “comparative fault” rule, which means that if you are found to be partially responsible for the dog bite, your compensation may be reduced by your percentage of fault.
For example, if you were found to be 20% at fault for provoking the dog, your total compensation might be reduced by 20%. This makes it crucial to work with a Louisville dog bite lawyer who can help minimize any potential fault attributed to you.
Damages Canine Attack Victims Can Recover
If you have been bitten by a dog and suffered injuries, you could be entitled to financial compensation for both economic and non-economic losses. The amount of the monetary award you may be eligible to receive will depend on the severity of your injuries and their impact on your life.
- Economic damages: These awards will include quantifiable costs, such as medical bills, lost wages, and future medical expenses related to the injury. You can usually prove these damages with documentation like medical records and pay stubs.
- Noneconomic damages: These intangible losses include pain and suffering, emotional distress, and loss of enjoyment of life. Unfortunately, these are more subjective and can vary depending on the circumstances surrounding your case. Because animal attacks can be so traumatic, issues like post-traumatic stress disorder (PTSD) are not uncommon.
Our Louisville Dog Bite Lawyer Can Assist with Your Claim
At Thomas Law Offices, we understand how sensitive a dog bite injury can be, especially if you or a loved one was bitten by an animal owned by a family member or friend.
No matter what relationship you have with the dog’s owner, it’s still vital to make sure that your needs and losses are taken care of after an attack, especially regarding medical expenses and unpaid time off work.
Our Louisville dog bite lawyer can help you get the compensation that you and your family deserve so that you can restore order to your life as quickly as possible.
Contact us today for a free consultation.
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