Kentucky is one of several U.S. states that uses a “strict liability” law for dog bites. In strict-liability states, owners of dogs that bite another person are liable for those injuries, even if the owner had no idea the dog would act aggressively.
Kentucky’s strict-liability dog bite law, KRS 258.235(4), states that “Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.”
This rule applies not only to injuries caused by dog bites, but also to injuries caused by other types of dog behavior. For instance, a person who is injured when a pouncing dog knocks the person to the ground may seek compensation under Kentucky’s dog bite statute, even if the dog did not bite the person during the incident. The rule also applies to damage that dogs might cause to livestock or to other types of property.
If you’re considering bringing a Kentucky dog bite case to court, however, you should be prepared for the dog’s owner to raise one or more defenses, depending on the facts of your particular case. Common defenses include arguing that the injured person provoked the dog’s behavior or that the injured person was trespassing. Depending on what happened in your situation, other defenses might also be raised.
Many factors, including the facts of your particular injury situation, can affect the outcome of a dog bite case. Discussing your case and the possible defenses from the dog’s owner with an experienced Kentucky dog bite injury attorney can help you protect your legal rights and seek the compensation you need.