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McCoy & Hiestand: Home of the Lady Litigator

Louisville Dog Bite Attorney

Kentucky Dog Bite Lawyer

Serving Louisville and All of Kentucky

Dog Bite Lawyer in Louisville

While dogs can be cuddly, furry friends, there are times when they can bite. In many cases, these incidents result from an irresponsible dog owner. According to the American Veterinary Medical Association (AVMA), 4.5 million people are bitten by dogs yearly. Dog owners must ensure their pets do not attack; otherwise, they can be liable for injuries and damages.

Dog attacks can leave victims with physical pain and substantial medical bills. Fortunately, if you have been bitten, you have the legal right to seek compensation. At McCoy & Hiestand, PLC, we are here to help you through that process. Learn more about how our Louisville dog bite lawyer can assist with your case.

Why Dog Bites Are Dangerous

Dog bites can not only cause immediate physical harm but can also lead to potential long-term consequences for victims. After an animal attack, it is more than likely that you will have a few bruises and cuts. These injuries require immediate medical attention. If it is a deep puncture, you may even need surgical intervention. Unfortunately, scarring and disfigurement are common, especially when the face, hands, or other sensitive areas are bitten.

However, it is not just the immediate injury that can cause concern. Since dogs have bacteria in their mouths, there is a high risk of infection. If the wound is not properly treated, then that can result in a few complications, such as sepsis or even amputation. Rabies is another concern. These fatal viral infections can be transmitted through a dog bite if the animal is not vaccinated.

Along with that, the psychological trauma from these incidents can be as debilitating as the physical injuries. In dog bite cases, children make up a large majority of victims. According to one advocacy group, children are 50% of all dog bite victims. In these cases, they can develop long-term anxiety, post-traumatic stress disorder (PTSD), or a severe fear of dogs. That emotional impact can interfere with daily life. Sometimes, they may require therapy or counseling to overcome these issues.

In Kentucky, victims of dog bites have the right to seek compensation for their damages. When dogs attack, their owners need to be held accountable for these actions and the harm they inflict on others. At McCoy & Hiestand, PLC, we can help with your claim.

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Liability in Kentucky

Dog bite cases in the Commonwealth of Kentucky follow the “strict liability” standard. Under Kentucky Revised Statutes ยง 258.235, there is strict liability on owners for any injuries caused by their dog. Unlike some states that require proof of the dog’s prior viciousness or the owner’s negligence, the victim does not have to prove that the owner knew the dog was dangerous.

Under these circumstances, even if the dog has never bitten anyone, the owner can still be held liable for any injuries the pet causes. Keep in mind that the responsible party is not just the person who is the owner, but it can also include those who had control of the dog at the time of the bite, such as a family member or dog walker.

All pet owners need to make sure that their animals are contained and that they do not pose a danger to others in the community. With that, they need to follow all leash laws and ensure their dog does not escape from their yard.

If a dog has bitten you, you have legal rights. Contact a Louisville dog bite lawyer to see what steps you need to take to recover damages. We can help you understand your options for your case.

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Dog's aren't always man's best friend. If you've been bit, we may be able to help. Schedule a free consultation with a Louisville dog bite accident lawyer today.

What Damages Are Recoverable in a Dog Bite Lawsuit?

In any type of personal injury lawsuit, you have the right to recover damages from the incident. Often, attack victims will suffer substantial medical bills, and even lost wages if the injury caused them to take time away from work. In these cases, the liable party will need to compensate the victim for their losses. These damages can include:

  • Medical expenses, including emergency care, surgery, hospital stays, medication, and rehabilitation.
  • Lost wages can be recovered if the injuries from the dog bite prevented you from working. This can include past and future lost earnings.
  • Pain and suffering for the pain of the physical injuries and emotional suffering from the incident.
  • Permanent disability or disfigurement can happen in many cases. With that, you could receive additional compensation to account for the long-term impact on your quality of life.

While rare, punitive damages may be awarded if the owner acted in an extremely reckless or malicious manner. In these cases, punitive damages may apply. This could be in a situation where the owner commanded the dog to attack you. But once again, these awards will depend on the specific circumstances of your case.

What If I Am Responsible?

If you are partially responsible for a dog bite, that could impact your ability to recover compensation under Kentucky law. Even though Kentucky has a strict liability rule for dog bites, the Commonwealth also follows pure comparative negligence when it comes to personal injury claims. That means your actions and responsibility in the incident will be considered.

According to that, if you are partially responsible for your injuries, your compensation will be reduced by the percentage of fault assigned to you. For example, if you are found to be 40% at fault, your compensation will be reduced by 40%.

In the case of a dog bite, the court will determine your level of responsibility. Some of these examples can include:

  • If you teased or provoked the dog before the bite, the court might find you partially responsible. Provocation is a common defense used by dog owners to reduce their liability.
  • If the dog owner had posted warnings, such as a “Beware of Dog” sign, or verbally warned you about the dog’s aggressive tendencies, and you ignored them, you might be found partially responsible for the incident.
  • Your responsibility might increase if you trespass on private property or unlawfully enter an area. In these cases, it could be considered a dog defending its territory.
  • If the dog owner gave instructions, such as not to pet or approach the dog, and you failed to follow them, you might be partially responsible for any resulting injuries.

Even if you are at fault, you may still recover damages. Unlike in some states where being more than 50% at fault can bar you from recovering compensation, Kentucky is not one of those places. However, the more at fault you are, the less compensation you will receive.

Why You Need a Louisville Dog Bite Lawyer

Whether the dog owner was entirely at fault, or your actions contributed to the incident, having an experienced dog bite attorney is vital for your claim. Dog bite cases often hinge on questions of responsibility, and the strength of your evidence can influence the outcome.

While Kentucky’s strict liability law means that dog owners are often responsible for bites, this doesn’t automatically guarantee a favorable outcome for you. A knowledgeable attorney will evaluate the details of your case, including any potential defenses the dog owner might raise, such as provocation or trespassing.

A successful dog bite claim relies on strong evidence. Your lawyer will gather and analyze all relevant evidence, including medical records, witness statements, and available surveillance footage.

Once it comes time to file a dog bite claim, there are numerous legal procedures and deadlines that must be followed. This can be stressful, especially when dealing with injuries. A seasoned attorney will handle all the paperwork, court filings, and negotiations on your behalf.

These cases are often settled through negotiations or in court. Your lawyer will help to make sure to secure a fair settlement that compensates you for your medical expenses, lost wages, pain and suffering, and any long-term impacts of the injury.

Contact McCoy & Hiestand, PLC Today

As a dog bite victim, you are likely facing more than just the immediate pain and medical expenses associated with your injuries. By reaching out to McCoy & Hiestand, PLC, you can take the first step toward holding the dog owner accountable for the harm their pet has caused.

Contact our Louisville dog bite attorney today to discuss your case. The sooner you take action, the sooner you can begin the process of healing and moving forward.

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Contact a Dog Bite Lawyer in Louisville Now

Dog's aren't always man's best friend. If you've been bit, we may be able to help. Schedule a free consultation with a Louisville dog bite accident lawyer today.