The state of Kentucky is a strict liability state, meaning that the owner will be held responsible for any damages caused by their dog or animal. Strict liability in dog bite claims, however, does not guarantee that there will not be legal obstacles to recovering damages for injuries resulting from a dog bite. The dog owner can attempt to prove that the person bitten did not act with reasonable care in avoiding the dog attack. There are three ways that the owner may seek to have a percentage of fault assigned to the victim or another person, including:
- Showing the harm was due to the victim provoking the dog or acting negligently by trespassing.
- A third person caused the harm and the owner had no responsibility to that person.
- The attack was an unforeseeable, or fortuitous, incident.
Complexities of a Dog Attack Claim
There are many factors to a dog bite claim that must be considered when developing the case. A Covington, Kentucky personal injury attorney with expertise in animal attacks will understand just how complex this type of case can be. Considerations for dog bite attacks include:
- Whether the owner recognized the dog’s dangerous behavior prior to the attack
- The victim’s age
- How the victim behaved; if the victim provoked the dog or was trespassing on the dog owner’s property
- The severity of the injuries involved
- Psychological or emotional trauma that may have occurred
- Permanent scarring; reconstructive surgeries
Contact the Paul Dickman’s law office in Covington, Kentucky today for a free consultation. Our firm will help you recover financially while you recover physically and emotionally.