I was bitten by a dog in Kentucky. Am I liable for the incident?
Kentucky is a strict liability state and that means the dog’s owner is completely responsible or liable for whatever the dog does and is also responsible for paying medical bills, vet expenses and other losses.
However, you also need to be aware that even though Kentucky does have a strict liability law, the courts have sometimes regarded dog bite cases from a comparative negligence point-of-view. That means the courts take into consideration all the facts of the case at hand and determine if both parties may have had a role in the incident.
For instance, a court may look at a case where the victim was screaming loudly and may have frightened the dog. The court may also look at the owner’s behavior and ask if the dog is known to be high strung or fearful of loud noises and react in fear? In such a case, the court may decide that the dog owner was 90 percent liable for knowingly bringing the dog to a park where there would be a high level of auditory stimulation. The remaining 10 percent liability may be the plaintiff’s for allowing the child to scream loudly while playing.
In most dog bite cases, even though the court does look at all the facts, the law states the owner must be responsible for all costs and damages associated with the incident. In practice, some cases are not handled that way.
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Marty fought for me when the insurance company denied my claim. We sued and got the insurance limits.