Dog bite injuries are a widespread occurrence and affect many people across the country. Every year, roughly 800,000 victims seek medical treatment for dog bites in the United States. Fortunately, those who have been injured could hold an animal’s owner accountable for their injuries.
Filing a claim, dealing with insurance companies, and speaking with the defendant’s attorney can be overwhelming and potentially harmful to your claim without proper legal guidance from an experienced dog bite attorney
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A dog’s owner is responsible for keeping others safe from the animal. If you or a loved one were injured from a dog bite due to a negligent dog owner, let our skilled legal team help your case. A seasoned Louisville dog bite lawyer can review the facts of your case and help you seek the compensation you need to move forward.
Many states have enacted “dog bite statutes” to help injured victim’s hold negligent pet owners accountable. Kentucky Revised Statutes §258.235(4) imposes strict liability on dog owners whose dog attacks a person, livestock, or personal property. Strict liability means there are no exceptions to animal owners for damages caused by the attack. There is no “one bite” rule.
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Dog bite owners could be held liable for damages caused by their animal. This is true no matter what degree of care they used to prevent the damages from occurring. The statute allows dog bite victims in Louisville to recover damages they suffered not only from a bite, but also from other injuries the dog may have caused.
Dog bite victims may also pursue recovery against a dog owner under a theory of negligence. To prove negligence, the victim’s Louisville dog bite lawyer must prove that the defendant owed them a duty of care.
Also, they must prove that the defendant failed to exercise reasonable care under the circumstances, otherwise known as “breach.” The attorney must also show that the defendant’s breach caused the victims injuries.
For example, if the defendant’s dog was aggressive toward the plaintiff but never touched them, and the victim suffered an injury an hour later from an unrelated event, there would be no grounds to sue the defendant dog owner for negligence.
There are potential defenses to a dog bite that could be used to limit liability. Unlike other states, Kentucky does not provide clear defenses (such as provocation or trespassing) that would allow a defendant to escape liability completely. However, Kentucky does allow defendants to limit damages under the pure comparative fault rule.
Under pure comparative fault, the victim’s recovery could be reduced by their percentage of fault that contributed to the attack. Victims may seek compensation for lost earnings, medical expenses, pain, and suffering, among other economic and non-economic damages incurred.
Being attacked and injured by a dog is a frightening experience. It could leave you with physical, emotional, and financial hardships that are difficult to manage on your own.
A Louisville dog bite lawyer can help guide you through the complex process of seeking legal recovery. They can investigate your case and identify potentially responsible parties to determine what recovery options are available. To learn more about your options, call now for a consultation.
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