The Biggest Issue In Kentucky Dog Bite Injury Cases

I love dogs. I'm a dog owner myself. However, it is crucial for dog owners to take precautions to ensure their dogs are not a threat to anyone. In most dog bite injury cases in Kentucky, it's usually easy to prove liability against the dog owner. But just because it's easy to show that the dog owner is liable for your injuries, it doesn't mean it's easy to ultimately get compensated for your injuries sustained in a dog bite case in Kentucky.

Proving Liability vs. Getting Compensation

To explain, let me tell you the story of my past client, Danny. Danny was a hardworking plumber. He was on a routine call for his job when he went to a homeowner's residence in Kentucky to fix a water leak. While at this particular job, he was attacked and bitten by the homeowner's dog on his left hand.

Danny's Story: The Dog Bite Incident

Danny immediately went to the hospital. His medical records indicated he sustained a three-puncture wound from the dog bite, with his left pinky finger taking the worst of it. Danny was unable to make a full fist with his left hand due to the injury. At the hospital, he was injected with lactobacillus to numb the wound and given a tetanus shot to protect him from infection. An x-ray at the hospital revealed Danny sustained a soft tissue injury from the bite.

Medical Treatment and Recovery

The emergency room doctor was also worried about infection, so Danny was scheduled for a medical procedure the next morning, which involved an exploratory procedure to remove the damaged soft tissue and irrigate the wound. Thankfully, the procedure went well, and there was no evidence of tendon damage found. The doctor was able to remove the damaged soft tissue and irrigate the wound. Nine days after the accident, Danny followed up with a hand specialist and reported still having some pain, but he did not require any other medical treatment after that visit.

Insurance and Negotiation Process

Once Danny became a client of mine, I tracked down the dog owner's homeowner's insurance. As a quick side note, most homeowners insurance policies protect the homeowner from liability for damage caused by their dog and will pay out under the liability portion of the policy to someone with a valid injury claim after being injured by their dog.

After I tracked down the homeowner's insurance, I submitted a written demand to the insurance company, including the written demand copies of the photographs depicting Danny's dog bite wound along with Danny's medical bills and medical records. This kicked off the negotiation process with the insurance company. After negotiating back and forth for days, we were able to reach a settlement agreement with the insurance company. Danny was very happy with the settlement I was able to obtain for him. In addition to getting all his medical expenses reimbursed, we were able to get Danny paid over 10 times the amount of his medical expenses for the pain and suffering portion of his claim.

Challenges in Kentucky Dog Bite Cases

So Danny's dog bite injury claim was a success, but like I mentioned earlier, many dog bite injury cases in Kentucky are not successful at all, meaning no financial recovery is made on those cases even if the dog bite injury victim sustained severe injuries. This is the case even though Kentucky is a strict liability state when it comes to dog bite cases. Strict liability essentially means that a dog owner is automatically responsible for any injuries their dog causes regardless of the dog's past behavior or the owner's knowledge of potential aggression.

The victim does not need to prove that the owner was negligent or that the dog had previously bitten someone. Simply put, if a dog bites someone in Kentucky, the owner is usually automatically liable. But despite this Kentucky law, in many dog bite cases in Kentucky, the victim won't make a financial recovery. Why is that? It's because the biggest issue in Kentucky dog bite injury cases is insurance coverage.

The Importance of Insurance Coverage

In many dog bite cases in Kentucky, there is no insurance coverage that applies to the claim. This is because many dog owners do not have insurance coverage that would protect them from liability for damages caused by their dogs. Sure, you may be able to go after the personal funds of these dog owners where their dog caused you damages like medical bills, lost wages, and pain and suffering. But it's been my experience that often can be a waste of everyone's time because if the person does not have insurance, there is a good chance they are judgment proof, meaning they have so few assets that even if you get a court judgment against them, it is worthless because the dog owner has no money to pay the judgment.

Situations Where Insurance Coverage May Apply

There are at least three situations where insurance coverage may apply to a dog bite case:

1. Homeowner's Insurance: If the dog owner is also a homeowner with homeowner's insurance coverage, there is a good chance that homeowner's insurance may contain liability coverage that would pay a dog bite victim for their damages.
2. Business Property Insurance: If the dog attacked you on business property, the business property insurance may compensate you for your injury. So if you are at a place like a restaurant, retail store, or another type of dog-friendly business, it may be possible to get a financial recovery from the insurance of that business.
3. Renter's Insurance: If the dog owner rents their home or apartment from a landlord, it's possible the renter had renter's insurance that may apply for your claim or it's also possible the landlord's insurance may kick in to compensate you for your dog bite injuries. Keep in mind landlords are not held to be strictly liable in Kentucky. You must prove that the landlord was negligent, which is a tougher standard to prove than strict liability.

Steps to Take After a Dog Bite Incident

So my main piece of advice to anyone attacked or bitten by a dog in Kentucky would be to not only report the incident to police and local animal control as soon as possible after the accident but to also investigate all possible insurances.

Conclusion

Now that you know the biggest hurdle to overcome in most Kentucky dog bite injury claims, what if you find out that there is insurance coverage that applies to your claim where you have sustained significant injuries after being attacked by a dog? Well, if that is the case, you likely have a big injury case and are thus going to want to watch this video about what you should say to the insurance company if you have a big injury case.

Lastly, if you've been injured in Kentucky, remember to don't wait, call Tate.