Dog bite injuries can be profoundly life-altering, often leading to hefty medical bills, lost wages, and considerable pain and suffering. While some victims receive fair compensation for these incidents, itโs unfortunate that many do not receive anything at all. Why is that?
Before diving into the intricacies of dog attack laws, we would like to assure you that this article isnโt about demonizing dogs. Tate is a proud dog owner and ardent lover of these furry companions, and we understand the deep bond between dogs and humans. Nonetheless, itโs crucial to be aware of the potential risks and liabilities associated with dog ownership, particularly in Kentucky where we practice law.
Kentucky And Other States Hold Dog Owners Strictly Liable for For Dog Bite Injuries
In Kentucky and many other states, the law adopts a โstrict liabilityโ stance on dog bite incidents. Simply put, if a dog bites someone, the owner is often held responsible for the injury, regardless of whether they could control the dog or knew the dog might be dangerous. Exceptions to this rule do exist, such as if the victim provoked the dog or was trespassing on the ownerโs property.
Children Are Common Dog Bite Victims
Distressingly, children are the most common victims of dog bites, with those below 9 years old at highest risk. A childโs head and neck are the most vulnerable area to sustain a dog bite. If youโre a parent or legal guardian, itโs vital to know that you can pursue the childโs injury claim on their behalf.
Insurance Is Key To Recovering Compensation for Dog Bite Compensation
The key factor determining whether you or your child receive compensation hinges on the availability of liability insurance coverage. If the dog owner has homeownerโs insurance, it may cover damages resulting from your dog attack, even if the incident occurred off the ownerโs property. Likewise, if the dog owner rents their property, their renterโs insurance or landlordโs insurance might provide coverage for your dog attack damages.
Potential Other Options For Recovery Of Compensation
Itโs important to note that proving liability against a landlord can be more challenging. In states like Kentucky, you must demonstrate that the landlord was negligent โ a higher hurdle than a strict liability claim against a dog owner.
Another insurance option might be available if the dog bite incident occurred on a businessโs property that permitted the dogโs presence. You could potentially file an injury claim under the business ownerโs insurance.
Of course, itโs possible to recover compensation even without insurance coverage, but itโs generally harder. If the dog owner has no significant assets to pursue (making them โjudgment proofโ), itโs unlikely youโll receive compensation.
Itโs worth mentioning that mail delivery workers, door-to-door sales representatives, UPS delivery workers, and others with similar roles are often dog-bite victims. If youโre one of these individuals, you can pursue an injury claim against the dog owner and might be eligible for workersโ compensation as well.
Our Kentucky Lawyers Can Help
Should you find yourself or a loved one navigating a dog bite case and unsure about available insurance coverage, consider retaining an experienced Kentucky dog bite lawyer to investigate the matter for you.
