Kentucky Dog Bite Law Explained
Dog bite laws in Kentucky are important for a number of reasons. First, they help to protect victims of dog bites from further injury by aggressive or poorly trained animals. Second, they provide a framework for determining liability and damages in cases where a person has been attacked or bitten by a dog. Third, they help to create a safer environment for both people and animals by establishing regulations on how dogs should be kept and what actions owners must take to prevent injuries.
For dog owners, understanding the laws that govern their obligations is critical. Kentucky law currently imposes strict liability on owners for any injuries caused by dogs. This means that an owner can be held accountable for the full amount of damages suffered by a victim, even if the dog’s actions were out of character or provoked.
On the other hand, victims of dog bites must also understand their rights under Kentucky dog bite laws. Victims have a right to pursue compensation for their injuries , which may include medical bills, lost wages, pain and suffering, and other damages.
In addition to understanding their rights and obligations under the law, both dog owners and dog bite victims should also be aware of the specific provisions within Kentucky’s dog bite laws that may affect their case. For example, in a Kentucky dog bite case, the victim must prove that the dog had a tendency for viciousness and that certain steps should have been taken to confine, restrain or otherwise care for the animal. In Davidson v. Wiggins, the Court recognized that a pit bull is a "tough breed" that could inflict serious injury on a victim. The Court stated "[t]he fact that the dog might obey commands did not excuse it from its potential dangerous character." 224 S.W.3d 784, 787 (Ky. Ct. App. 2007).
In our next section, we will examine the relevant statutes and case law that make up Kentucky dog bite laws, and look at what you need to know about proving liability in a dog bite case.
Kentucky’s Strict Liability Law
Kentucky is one of the rare "strict liability" jurisdictions. That means that a dog owner is not given a "get out of jail for free" card just because their pet has never bitten anyone before.
Strict liability simply means that the victim does not have to prove that the dog owner was negligent. The dog owner is objectively responsible for the damage caused by his pet regardless of whether the dog owner took any reasonable steps to avoid the injury.
Many states have a "one-bite rule." Pet owners in one-bite jurisdictions are not strictly liable for injuries caused by their dog after the first bite. In those one-bite states, a victim must not only prove the dog owner failed to exercise ordinary care for the safety of others, but also that the owner had actual or constructive knowledge of the danger the dog posed before the injury occurred. So, under the one-bite rule, proof of the dog’s prior dangerous behavior bolsters the evidence of the owner’s negligence. Proof of lack of negligence will defeat the claim.
We have already seen that family law and criminal charges hang over the otherwise affable pet owner. It is important to stress that when you make a claim, the dog’s prior behavior is not an issue. The dog’s behavior is not an issue at all. You can’t lose because there is a "no fault" system in place. An otherwise harmless dog is one that bites and causes injury will require the dog owner and homeowner’s policy to pay the medical bills of the victim.
The Owner’s Legal Duty
The law places several responsibilities on Kentucky dog owners. These responsibilities extend beyond simply containing the animal within a certain area to also include ensuring that the dog is kept on a leash in public and properly trained.
Under KRS 258.235(4) owners may be liable for any injuries their pet inflicts on another person if they are found to have violated one of the following control laws:
Kentucky dog owners may also be liable if they are found to have owned a vehicle that an animal bit another person from. KRS 258.235(5) states that owners of vehicles that transport aggressive animals "shall not permit such an animal to protrude its head or any portion of its body through the opening of such vehicle." If the animal does so and injures another person, the victim may have the right to seek compensation for damages suffered.
For most dog owners, they are only liable if the animal was inside their home when a bite occurred. In the case of an attack by a "vicious animal" in a public place, KRS 258.260(a) outlines the legal liability of "the master of the animal…or the owner of the property on which the injury occurred."
Simply by allowing their animal to be on their property, owners may be held liable for damages should the animal attack another person. The term "attack" includes bites, scratching, or causing any injury, as well as chasing or frightening another person. Even if an animal’s injury was not intentional, the owner may still be liable if it inadvertently caused another person’s injury.
If the animal bit another person while the animal was "under the control of the owner, caretaker, or person handling the animal" and the animal owner/handler had knowledge of its "dangerous and aggressive propensities," the victim may file a claim for damages against the owner and/or the person allowing the animal to be handled. Further, if the animal ran free and bit another person, the victim may file a claim against all property owners from which it was last allowed to escape.
Rights of the Victim
If you or someone you know has been bitten by a dog or otherwise injured due to a dog attack, it is important to know your rights. Victims of dog bites in Kentucky do have rights and those rights vary from state to state.
In Kentucky, a dog owner may be liable for your injuries or damages if the dog bite occurred:
• When the dog is running at large in a public place or private property without permission.
• Because of an attack or threat from a dog.
• If a person is bitten by a dog who has bitten a person on a prior occasion, regardless of the previous owner or keeper of the dog.
The primary damages that a dog-bite victim may seek are compensation for bodily injuries suffered for which the owner/keeper of the dog is liable. In such cases, if the dog bite victim files a lawsuit, the suit may seek compensatory damages for his or her:
• Existing medical expenses and anticipated future medical expenses
• Pain and suffering
• Property damage
• Permanent physical limitation or disability
• Lost wages
In dog-bite cases, recovery will depend upon the extent of physical injury to the victim, the extent of owner/keeper liability and proof of the amount of the damages. The majority of injuries and damages that a dog-bite victim may seek compensation for are related to the physical injuries sustained as a result of the attack. These may include any damages that arise from the dog-bite victim’s initial or continuing medical treatment and his or her pain and suffering. However, when assessing the damages awarded to a dog-bite victim, courts may also consider some of the following non-physical injuries:
• Emotional injuries
• Trauma
• Scarring
The typical process for pursuing a claim in Kentucky first begins with notifying the animal’s owner that their animal attacked you. Often people try to resolve through the animal’s homeowner’s insurance, and most animals are covered under homeowner’s policies. However, if they do not have insurance or the amount you need far exceeds their policy limits, you need to file a lawsuit.
This lawsuit, called a "Complaint," is filed in the circuit court of the city or county where the bite took place. In the Complaint, you list your physical injuries, and potentially other injuries as discussed above, and describe the circumstances of the attack. You can ask for money damages for the injuries you suffered. If your case involves no dispute about who caused your injuries and the amount of your damages, then you may be able to settle without a trial.
Potential Defenses Against Liability
Even under Kentucky law, a dog owner has defenses he can assert in the event of a dog bite. The most common of these are provocation and trespassing. If these defenses are successful, they can eliminate or mitigate the damage award.
Provocation is most commonly asserted as a defense when the person who was bitten was either angrily teasing or deliberately tormenting the dog with the intent of making it bite him. Although many states will not recognize provocation as a defense if the injured person was just innocently playing with the dog, we have found that Kentucky courts will normally honor that distinction and only deny recovery if there has not just been teasing, but an intent to cause injury to the dog.
A more problematic provocation defense has been asserted when the child himself was a trespasser on the owner’s property. In one case , visiting a neighbor, a young child fell from a swing and into a yard where he was bitten by a dog who had been chained there, breaking the chain in its effort to reach the child. Another case involved a young boy who passed by a house where a dog was on the front porch of an occupied house. The dog, in defense of a territory it perceived as its own, bit the youth as he passed the home. Although in both instances the court recognized that the trespassing child was no trespasser on the owner’s premises, the perception of the trespassing child as the 1A who created the danger to himself nevertheless eliminated or significantly reduced the damage award in both instances.
What to Do After a Dog Bite
The very first step you should take after a dog bite is to make sure that you get medically checked out for any injuries that may have been caused by the dog bite. However, you should be very careful about your communications with those who tend to ask you questions. Do not give any sort of a recorded statement or your version of the incident to the dog owner, their insurance company, or any investigating police officers. Simply explain what happened and let the evidence and medical records speak for themselves.
If you or anyone you are with at the time of the incident notices that the dog’s owner has also documented the biting incident in some way, this may be helpful, and you can take down this information.
It’s important to document all of the injury details from the dog bite incident. If you’re able to, you should shoot photos of all injuries to your body, including lacerations and soft tissues. Be sure to also take photos of downed fences or other dangerous or hazardous conditions if you are physically able to do so, as well as anything else that you believe may help your personal injury case. You should also keep a sharp lookout for flawed records from police departments or hospitals, as these can be helpful as well, depending on the facts of your case.
You do not have to accept fault for the dog bite simply because the dog was on your property. This is something that has to be proven. You will likely be considered responsible for damages to any of the people invited to your property. Since the dog owner is considered to be in control of the dog, it is even possible that somebody else could be held responsible for these injuries.
Notable Dog Attack Cases in Kentucky
Kentucky has a relatively low incidence of dog bite fatalities. In fact, the last documented case took place in 1995 when a pack of dogs attacked and killed a five-year-old in Jefferson County. This is not to suggest that a pack of dogs is not a problem in other states. The very next year, there were eight dog bite fatalities nationally, including an extreme case where another pack of dogs killed eight people in McCurtain County, Oklahoma. Because dog bites are so common and so rarely fatal, Kentucky dog bite claims typically do not end up in court, but when they do it is usually because of pre-existing precedent.
We’ve already mentioned the 1995 case that ended in a five-year-old’s death. In Woodrum v. Roth, an older woman was bitten by her neighbor’s dog in her own yard. She later died from an infection that resulted from the dog bite. The victim’s family claimed the dog was loose and that the defendant had allowed the dog to roam the neighborhood. They won their case on the grounds that Kentucky is a strict liability state. However, the claim was not completely successful, as the plaintiff’s recovery was reduced due to evidence that the victim may not have given the dog sufficient space. Hence, the danger could be assumed.
The owner of a German shepherd faced charges in 2004 when he was involved in a dispute with his neighbor. During the attack, two children were bitten on their faces by the dog, as well as an adult who tried to stop the attack. In 2005, a jury awarded $365,000 in damages to the children and $15,000 to the adult. The plaintiffs were not awarded punitive damages, as the defendants had productive ties to the community and sincere remorse. At trial, two other individuals testified to incidences where the dog had previously attacked children. The plaintiff’s attempt to introduce a videotape of the dogs attacks was denied, as was the introduction of evidence that the dog had been aggressive, while being walked by the plaintiff’s young son.
In the case of Williams v. Rafferty, the plaintiff was awarded nearly $80,000 in damages after his medical bills were submitted to the insurance company of the dog’s owner. Williams was attacked by three dogs at his place of employment, which resulted in so much tissue damage that he had to have several of the muscles in his leg surgically removed. The owner of the insurance company filed a motion for summary judgment, but a Kentucky judge found the owner liable for William’s injuries regardless of the creativity of his exit strategy.
Prevention and Awareness
The question, of course, is how to reduce dog bites? The first thing to look at is the pet owner. Most people have no idea how to properly socialize and train a dog. And socialization is key. Many dogs are like humans in that they become territorial. Protective. They have this innate sense of they are in a different home. A different area. And they want to protect their area. Experts say that if dogs are not introduced to a variety of people and places at a young age, they will develop more aggressive traits. This is why breeding is so important as well. Any professional dog trainer will tell you that getting a dog to listen to commands while there is nothing going on is not nearly as important as exposing a dog to a lot of situations to see how they respond. Dogs need to learn to listen while there are distractions, and that comes from socialization. Also, experts say you should pick pets wisely. You cannot get a type of dog for your family that will not get along with kids. And yes, it is just a fact that certain dog breeds are better suited to be family pets than others. Also, you have to teach kids how to safely interact with pets. Kim Smiley, communications director with the Animal Hospital Association, says: "Our research shows that the majority of bites are under the age of 4, which is the time of life when children are very curious about everything around them. There’s a lot of whispering conversations in the past 8 months about being a responsible pet owner and the consequences of reckless pet ownership." A comprehensive approach to education: Both Animal Care Society and Kentucky Humane Society have education programs aimed at reducing dog bites. "We are very proactive," says Amber French, community outreach manager for Animal Care Society. "We do in-pen presentations at local schools and teach kids how to responsibly behave around dog and cats. We never have trouble when we have in-pen visits , which shows how much of an impact this is having." French points to Canine Care unit at the LV Huber facility at Riverside Park as a success story. "They introduce kids to dogs so they know not to run up to a strange dog. And they are all children who have been bullied and come here. In their eyes, they are king and queen. We teach them not to bully." Another way to prevent bites is taking a few pet safety precautions, according to Morgan Fogle, director of marketing at German Shepherd Rescue of Kentucky. "Keep pets on leashes outside and leave them in the house or in a secure structure if people are visiting. It might take only an instant for an accident to happen. If a dog is scared, it might bite someone who is simply trying to say hello. It’s not the animal’s fault. When people visit, make sure pets are secure in a separate room and the door is shut. This could be in an area away from the front door, or even outside. Just be sure someone is giving them attention. If people know a dog is intimidated by visitors, or skeptical of small kids, the owner should be proactive." Dog bites might not be something we think about a lot. But there are steps we (and other animal rescue organizations) are taking to help decrease instances of bites, both through interactions with the animals and educating our community members and pets owners. Fogle says there are also steps to take when taking home a new pet to avoid dog bites, making sure the animal feels secure in its new environment. "If potential owners have small children and decide to adopt a dog from a rescue organization, an adoption counselor will ask questions to make sure it’s a suitable match. Dogs that have been abused and rescued from dog-fighting rings or puppy mills tend to have a heightened fear of people and other animals. We ask potential owners to take extra steps in dealing with these special pets. We prepare them for what they can expect from these shelter animals and how to act around them to ensure the safety of everyone involved, including the dog."