Personal injuries due to dog bites are serious and terrifying. Between 2005 and 2019, 521 dog bite fatalities occurred in the United States.
Dog bite fatalities are especially common in Kentucky. In 2019, the state recorded four fatal dog attacks, making it the third state in the United States (after California and Texas) to report the most deaths due to dog bites. During that year, Jefferson County in Kentucky was one of the top five counties in the state that had the most cases of reported lethal dog bites.
If you suffered a dog bite injury in Kentucky, you don’t have to fight your case alone. Here, we tell you all about the Kentucky Dog Bite Law, what to do in case of a dog bite injury, and how we can help you.
The Kentucky Dog Bite Law strictly puts the onus on dog owners if their dogs bite and injure someone. Dog bite injuries are governed by the Kentucky Revised Statutes (KRS), Title XXI. Agriculture and Animals § 258.235. It states that owners whose dogs injure a person or damage livestock or other property will be held liable for the damage.
So, even if a dog owner is responsible and takes the necessary measures to prevent dog bites, they can still face a lawsuit if their dog suddenly bites and injures others.
The Kentucky Dog Bite Law also states that if a dog attacks a person, anyone may seize or kill it.
Under vicious dog regulations, if a Kentucky court declares a dog to be dangerous, its owner should keep it safely away from other people. The dog should be placed in a seven-foot-high locked enclosure or a locked kennel with a secure roof.
It cannot leave its kennel or enclosure except for visits to the vet or if it is to be sent to an animal shelter. In both cases, the dog needs to wear a muzzle to prevent it from biting other people.
If the dog owner fails to follow these regulations, they may face fines, prison, or both. Also, if a vicious dog is not securely confined and is running freely, a peace officer or an animal control officer may kill it.
Kentucky also acknowledges comparative negligence when deciding fault percentages between the parties involved in a dog bite case. If a person goes near an aggressive dog or trespasses on a dog owner’s property and gets bitten, they may be liable to an extent.
If this happens, the court may reduce their claim for damages according to the percentages of their comparative fault. To determine fault ratios, the court will factor in each involved party’s conduct and the causal relationship between the conduct and the damage claims.
Each claimant will be awarded damages according to the respective fault percentages (KRS § 411.182).
If you sustained injury from a dog bite, seek treatment immediately. To take appropriate precautions for rabies, get the bite wound cleaned and dressed to prevent infection. Also, get the dog’s vaccination records from its owner if you can.
You may also need stitches to help you recover without any complications. If you suffered a serious dog attack, you may need hospitalization and surgery.
After getting proper medical attention, report the dog to animal control officials or the police department to record the attack. They will decide if the dog is dangerous and deal with it accordingly.
You or your legal representative may also file a complaint against a person who owns a vicious dog. In this case, the dog owner will receive a summons to appear in court.
You must also factor in the statute of limitations or the time limit for filing a claim for personal injury. In Kentucky, it is one year from the date of injury (KRS § 413.140).
Dog owners in Kentucky are liable for any injuries that their dogs cause, irrespective of whose fault it is. So, if an owner refuses to settle a claim or fails to appear at a court hearing, they may have to cough up a fine, face jail time, or both. They have to pay for damages and even confine or euthanize the dog.
If you are a victim of a dog bite, it’s best to contact a personal injury lawyer in Kentucky right away. Even if you know how and when to file a personal injury claim, it may be difficult to figure out your next step when you are recovering from a painful wound.
If the injury is more severe, it may take days, weeks, or even longer for you to recover. Considering the one-year time limit for filing personal injury claims, the deadline may pass before you can do anything about it.
A qualified lawyer with experience in the Kentucky Dog Bite Law can help you quickly file a civil suit against the vicious dog’s owner and help you get suitable compensation
A legal specialist or a lawyer will guide you in the legal process when it comes to filing claims for damages. First, they will help you find out if you have a case that warrants compensation. This helps you save a lot of time running from pillar to post when you are recovering from your bite wound.
A lawyer can also help you get timely compensation that you can use to settle your medical bills. You can also use the compensation for your living expenses in case you lose potential income as you recover from your injuries.
A lawyer can also provide you with the following services, among others:
These services will ease your filing process and save you from unnecessary hassles and costs.
Dealing with a dog bite case can be time-consuming and frustrating. Led by reputable attorney Nathan D. Williams, Bahe Cook Cantley & Nefzger can help you file a dog bite claim in Kentucky quickly and easily.
We have vast experience in handling dog bite cases and will guide you all the way. This will help you get your due compensation on time.
Contact our experienced team of lawyers by scheduling an online consultation or calling (270) 789-0088.
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