Dogs are a regular fixture of Kentucky life, whether they're hanging out at the stables in Lexington, or walking with their owners in downtown Louisville. But dogs also have the capacity to do real damage, and can bite when you least expect it. In Kentucky, dog owners are strictly liable for any injuries their dogs cause by biting others. This means that even the most responsible dog owners, with no reason to believe their dog is vicious, are still liable if the dog unexpectedly snaps at a child's hand and causes an injury.
Any dog that is declared to be dangerous by a Kentucky court must be kept in a location that is secure from other people. Failure to comply with vicious dog regulations can result in fines, jail time, or both.
Comparative Negligence in Kentucky Dog Bite Claims
The state also recognizes comparative negligence when determining ratios of fault among the involved parties. For example, someone who approaches a dog that is snarling or otherwise signaling aggression -- and is promptly bitten -- may be at least partially at fault for using bad judgment. If the court agrees, then his claim will be reduced in proportion to his comparative fault.
Kentucky Dog Bite Laws at a Glance
Additional details about Kentucky's dog bite laws are listed in the table below.
Kentucky Revised Statutes (Title XXI. Agriculture and Animals: Section 258.235
|Civil Liability for Dog Bites||
Any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage.
|Fines, Additional Penalties for Dog Bites||
Anyone attacked by a dog (or acting on behalf of someone who was) may file a civil complaint that the owner is harboring a vicious dog, serving the dog owner with a summons to appear at a hearing.
In determining the percentages of fault, the court considers both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed.
Damages are awarded to each claimant in accordance with the respective percentages of fault (§ 411.182).
|Regulations for Dogs Declared to be Vicious||
Any dog determined to be vicious by a court and allowed to be returned to an owner shall be confined in a locked enclosure at least seven feet high or a locked kennel run with a secured top. The dog may leave the enclosure only to visit the veterinarian or to be turned in to an animal shelter. The dog shall be muzzled if leaving the enclosure for either of these purposes.
|Time Limit for Filing a Claim||
1 year (§ 413.140 (1)(a))
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
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Get a Free Legal Review of Your Kentucky Dog Bite Situation
It's not always easy figuring out what to do when something unexpected, like a dog bite, happens. After getting immediate medical attention, you may want to consider your legal options, including a possible claim against the dog's owner. Get started today by having a Kentucky personal injury attorney evaluate your claim for free.
Contact a qualified attorney.