Lexington Dog Bites Lawyer
40+ Years’ Combined Experience. Millions Recovered.
In Kentucky, owners of dogs are responsible for their actions. This means that if a dog bites you or someone else then the owner of the dog is most likely responsible for the injuries sustained by the bitten person. In addition, a recent Kentucky Supreme Court case has placed liability in some cases on a dog owner’s landlord.
If you or a family member has been bitten by a dog, you should contact one of our Lexington premises liability attorneys now for a free consultation. Call (859) 534-9327!
Fault in Dog Bite Cases
Although Kentucky dog bite law applies the standard of strict liability, there are situations where fault may be relevant. The court may reduce a plaintiff's recovery if the dog bite victim exposes oneself to foreseeable injury because of a failure to exercise reasonable care. The legal basis for reducing recovery in a dog bite case under such circumstances is referred to as comparative negligence. A common example of a situation that may result in a reduction in one's recovery might involve teasing a dog. However, a young child is not capable of engaging in comparative negligence so a young child who allegedly teases a dog may not have his or her recovery reduced.
Leash Laws in Dog Bite Cases
While strict liability is the most common basis for imposing liability for a dog bite case in Kentucky, dog owners also may be liable based on failure to keep their dogs properly controlled on a leash or enclosed under local leash laws. Failure to comply with a leash law may also the basis for imposing strict liability under the doctrine of negligence per se. Negligence per se is a legal doctrine that basically imposes strict liability when violation of a public safety law causes injury to those the law is designed to protect. Because leash laws are designed to protect the public from dog bites, a local leash law may be an additional basis for imposing strict liability when a dog is running at large.
“Dangerous” or “Vicious” Dogs under Kentucky Law
Kentucky law also is designed to protect people from dogs that are "dangerous" or "vicious." Any dog that bites or attacks someone is deemed a vicious dog under Kentucky law. While the owner may be allowed to keep the dog, the dog must be kept in a secure kennel enclosure at all times unless the dog is going to the vet. A dog that has been classified as vicious or dangerous must be muzzled at all times when not inside a caged enclosure. If you witness a dog attack by a vicious dog, you may kill the dog without exposure to liability.
Free Case Evaluations with Dog Bites Attorneys in Lexington!
Our experienced Lexington dog bite attorneys at Goeing Goeing & McQuinn PLLC understand the obstacles that dog attack victims in Kentucky must overcome which may include painful reconstructive surgery, prolonged psychological counseling and the financial hardships that accompany these forms of treatment. Because many dog bite victims that suffer extensive injury are children, a severe dog attack or dog mauling can cause a lifetime of suffering.
We will devote more than 40 years of collective experience to your case. Contact us today for more information about your legal options!