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Protecting the Rights of Dog Bite Victims
If you or a loved one has been injured due to a dog owner’s negligence, the law protects you. Jefferson County’s animal ordinance code has a robust section on leash laws and animal nuisance violations. The county’s laws regulate licenses, vaccinations, residential requirements and limitations as well as setting high standards for dealing with dangerous and potentially dangerous dogs and more. These rules and regulations protect you and make owners “strictly liable” for the damage caused by their dog. However, the law can be confusing and you have deadlines to meet. That is where the assistance of a seasoned personal injury attorney becomes essential.
At my firm, Bryan R. Armstrong, Attorney at Law, I represent the rights and best interests of individuals who were injured due to someone else’s negligence. I will help you understand your options and craft potential paths to address your medical expenses, lost wages, future wages and pain and suffering. You can rest assured that I will put your interests and welfare at the center of everything I do to seek justice and recover your compensation.
Animal Bites and Kentucky Laws
It is vital to take legal action against the owner of the dog that harmed you or your loved one. The Bluegrass State provides a clear legal framework that dog bite injury victims should abide by to determine whether the dog’s owner is responsible for the damages caused. Nevertheless, victims only have one year after the date of the accident to start any legal action against the dog’s owner.
Below is a brief explanation of the laws around dog bites and the possibility of filing a claim.
Kentucky Revised Status, Title XXI. Agriculture and Animals: Section 258.235, establishes that:
Owners of dogs are liable for the injuries caused to individuals and other animals.
Victims of animal attacks may file a civil lawsuit against the individual who owns and protects a dog. The court will determine whether a dog is “vicious” and poses a danger to the community.
The court may order owners of vicious dogs to keep the dog out of any individual’s reach or the dog will “be destroyed.”
In addition, if the court determines the dog attacked an individual outside of the dog owner’s premises, the owner may be subject to a fine of a maximum of $200 or up to 60 days of jail time.
In some cases, both parties share a percentage of fault. If so, § 411.182 determines that:
The court will determine fault based on each party’s actions at the moment of the attack, how such actions led to the dog’s aggressive conduct, and the damages sustained.
If a party claims damages, the amount of damages awarded will be according to each party’s percentage of fault.
Even if you or a third party – and not the dog owner – were at fault for the bite, the dog owner may be subject to a comparative negligence claim. Your current challenges may hinder you from consulting a knowledgeable personal injury lawyer. However, you have rights to protect and a future to defend. Learning whether you have a case to recover compensation and punitive damages that can positively impact your life and your loved ones.
Get a Free Initial Consultation
Call my office at 502-432-4035, email me directly, or fill out this form to discuss your Louisville dog bite case.
