Dog bite victims may be able to collect compensation for the harm they suffer. A dog may unexpectedly attack you or have a history of aggressiveness. Under Kentucky law, if a dog bites and injures you, the owner is liable, no matter how the dog or owner acted in the past.
How Likely Am I To Be Bitten By a Dog?
If you don’t own a dog, you probably know someone who does. There are between 83 and 89 million dogs in the US, according to the American Veterinary Medicine Association, living in about 44.6% of American homes.
What risk do they pose?
- About 4.5 million Americans are bitten by dogs annually, according to the National Canine Research Association of America
- The estimates of those seeking care at a hospital emergency department range from 344,000 to 885,000 each year, most of them between the ages of five and nine
- About 9,400 people have extended hospital stays due to dog bites, according to a 2018 study by the federal Centers for Disease Control and Prevention states that
- An average of 48 people in the US died due to dog bites from 2019 to 2021. About a quarter were two years old or younger, while they make up about 3.3% of the general population
- From 2005 to 2020, 67% of dog bite-caused deaths were due to pit bulls, 9% by rottweilers, and the rest by other types of dogs
Your chances may increase or decrease due to random factors, such as whether someone near you owns an aggressive dog and lets it run through your neighborhood. Your chances increase if you like teasing or being aggressive with dogs.
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What Injuries Am I Likely to Suffer?
Toddlers, infants, and young children are more likely to suffer severe injuries because they’re shorter and more likely to be bitten on the face, head, or neck because they’re more on the same level as the dog. Generally, those bitten will suffer:
- Puncture wounds: These are the most common type of dog bite injury. They are caused by the dog’s teeth piercing the skin. Puncture wounds can be deep and can trap bacteria underneath the skin, which can cause an infection
- Lacerations: These deep cuts or tears in the skin can be caused by the dog’s teeth or claws. They can require stitches to close and may leave scars
- Scars: Scarring is a common dog bite complication, especially deep puncture wounds or lacerations. Scars can be permanent and disfiguring
- Broken bones: The dog’s bite force can be strong enough to break bones, especially when children are victims. This is more common when larger dogs are involved or when the bite occurs on the hands, feet, or face
- Infection: Dog bites can become infected, especially if not cleaned properly, and be a significant health threat
- Head and neck injuries: Dog bites to the head and neck can be very serious because they can damage nerves, blood vessels, and other vital structures
- Emotional trauma: Dog bites can be very traumatic, especially for children. Victims may experience anxiety, fear, and post-traumatic stress disorder
Whatever injury you suffer, get medical care promptly so you can start recovery and prevent complications. Documenting your injuries and their extent is critical to any compensation claims you may seek.
What are Kentucky’s Dog-Bite Laws?
Kentucky has “strict liability” for owners of dogs that injure people, whether through bites or other means. This is true even if the dog has never shown aggressive behavior in the past and the owner has taken reasonable steps to control the dog or prevent the bite. Unlike most personal injury matters, a defendant in a dog bite case could be ordered to compensate a victim whether they were negligent or not.
What Defenses Could a Dog Owner Use?
Unless there are technical reasons to dismiss these claims (like filing later than the one-year statute of limitations), liability defenses could include the dog involved being not theirs or something else causing the injuries.
The defendant could also try to reduce a damages award by using Kentucky’s comparative negligence laws to claim you’re partially to blame because you teased or antagonized the dog or were trespassing on the owner’s property. Comparative negligence will reduce your award by your share of the fault for causing an incident that resulted in an injury.
Injured By A Dog in Kentucky? Take the Next Step.
If you have questions about a dog bite victim’s right to obtain compensation and want to speak to Tyler Fleck, please contact The Fleck Firm today at (270) 446-7000. Insurance companies have lawyers. You should have one, too.
