Dog bite injuries can be life-altering. You deserve to be compensated for your dog bite injuries, but the truth is that some dog bite injury victims will receive fair compensation while many others may not receive any compensation at all. So, why is this? Let me break it down for you.
Strict Liability in Dog Bite Cases
First, it’s important to understand that this is not a video about bashing dogs. I love dogs and am a dog owner myself. However, if my dog or your dog bites anyone, under the law in Kentucky (and many other states), the dog owner is strictly liable to the dog bite injury victim for their damages, including medical bills, lost wages, and pain and suffering.
What Does Strict Liability Mean?
Strict liability means that if a dog bites someone, the owner can be held responsible for the injury regardless of whether the owner was negligent in controlling the dog or had prior knowledge that the dog might be dangerous. In Kentucky and many other states, there can be exceptions to this rule, such as if you provoked the dog into biting you or if you were trespassing on the dog owner’s property when bitten.
Factors Affecting Compensation
Unfortunately, while anyone can be a dog bite victim, children are the most common victims. If you are the parent or legal guardian of a child bitten by another person’s dog, you can pursue the child’s injury claim on their behalf.
The most critical factor in determining whether you or your child will be compensated for dog bite injuries is whether there is liability insurance coverage available to cover your damages.
Insurance Coverage for Dog Bites
- Homeowner’s Insurance:
- If the dog owner has homeowner’s insurance, you can possibly pursue a claim under their homeowner’s policy for damages resulting from the dog bite. Many homeowner’s insurance policies cover dog bites even if the incident occurred off the dog owner’s property. For example, if you were bitten by the dog at a park, the homeowner’s insurance might still cover your damages.
- Renter’s Insurance and Landlord Liability:
- If the dog owner rents their property, they may have renter’s insurance that covers dog bite damages. The landlord’s insurance may also apply, but proving liability against a landlord is typically more challenging than against the dog owner.
- Business Property:
- If the dog bite incident happened on the property of a business, such as a bar or restaurant, you might be able to pursue an injury claim under the business owner’s insurance policy.
Challenges Without Insurance Coverage
If there is no liability insurance coverage available, it is usually much tougher to obtain compensation directly from a dog owner, especially if they have no significant assets to pursue. If the dog owner is “judgment-proof,” meaning they have no assets or income that can be legally seized, it’s likely you will not receive compensation for your injuries.
Special Cases: Workers
Mail delivery workers, door-to-door sales representatives, and similar workers are often dog bite victims on the job. If you are one of these individuals bitten by a dog while performing your job, you can pursue an injury claim against the dog owner and may also be entitled to worker’s compensation.
Conclusion
If you are unsure about the availability of insurance coverage for your dog bite injury, consulting a personal injury lawyer can be very helpful.
I hope you found this video helpful. Please subscribe to my YouTube channel to learn more about injury cases and watch more of my videos. Lastly, if you were injured by another person’s dog in Kentucky, remember: don’t wait, call Tate.
Recent Comments