Louisville Dog Bite Attorney

In the majority of dog bite injury cases, the owner of the canine might be someone you know. It could be the pet of a neighbor or friend you were visiting when the incident occurred. In those situations, you might be hesitant to sue someone you know. That could mean you are stuck with the medical bills and other expenses associated with your injury. If it was severe, you could need reconstructive surgery. That is a lot of out-of-pocket expenses to assume.

What you have to keep in mind is that a neighbor or friend could have homeowners’ insurance that would pay for your losses. In most cases, the insurance extends to incidents that happen outside the home. In other words, the dog doesn’t have to be on the owner’s property in order for homeowners’ insurance to pay the claim.

On the other hand, there are some insurance carriers that will not provide coverage for certain breeds of dogs like Rottweilers or pit bulls. Unlike a car accident, the owner of a dog is not obligated to provide a victim of a bite with their insurance information. That doesn’t mean it will be kept secret. Obtaining that information is often a task best handled by your Louisville dog bite lawyer.

Not every dog bite incident makes the dog owner solely responsible. There are possible scenarios where a third party could be named. Those include the following:

Parents of the Dog Owner

If the owner of the dog is a minor under the age of 18, their parents could be held liable for a dog’s vicious attack that left you hurt.

Landlord or Property Owner

One of these parties could be held liable for a dog bite injury if it can be proven that their negligence resulted in a dog coming onto the property where you were bitten.

A Dog’s Keeper

A kennel owner, independent dog walker/sitter, or even someone who regularly feeds a stray dog can qualify as this. If they are assuming responsibility for the care of a dog, they also assume responsibility for its actions.

The list above certainly isn’t exhaustive. There may be other parties who you can hold liable for a dog who bites you. For example, suing a third party does not negate the need to sue the dog owner. In some situations, your Louisville dog bite attorney might recommend suing more than one party.

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 may require immediate medical attention. If it is a deep puncture wound, 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 necessitating an amputation.

Rabies is another concern. These fatal viral infections can be transmitted through a dog bite if the animal is not vaccinated.

Physical impairments and infection risks aren’t the only concerns Kentucky dog bite victims have to worry about. 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 the Children’s Hospital of Pittsburgh, kids comprise 50% of all dog bite victims. Incidents like these can cause children to 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. Contact our law office to speak with a Louisville dog bite lawyer today.

Dog bite cases in the Commonwealth of Kentucky follow the “strict liability” standard. Under Kentucky Revised Statutes § 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.

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.

If you are partially responsible for a dog bite, that could impact your ability to recover compensation under Kentucky law. Even though our state 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.

Whether the dog owner was entirely at fault for what happened to you 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.

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 lawyer today to discuss your case. The sooner you take action, the sooner you can begin the process of healing and moving forward.