If you have been bitten or attacked by another person’s dog, you should contact a personal injury attorney.
In Kentucky, a dog owner is strictly liable when his or her dog bites, attacks, or is the direct cause of a person’s injuries. Strictly liable means that the dog owner is at fault even if the dog is the nicest dog in the world and has never hurt a fly. Additionally, the dog does not actually have to bite someone in order to cause injury.
To understand how dog bite personal injury cases work, it is important to look at previous cases that we have represented.
An Example of a Successful Case
Here is an example of a case that Edwards & Kautz represented a few years ago: an elderly woman was walking in her neighborhood when a dog ran out of its front yard and began running towards the woman. The woman stated that the dog jumped up and put its paws on her.
As a result, the woman fell backwards and broke her hip when she made impact with the asphalt. This incident resulted in a successful lawsuit against the dog owner despite the fact that the dog never actually bit the woman.
In that case, the dog did not have a history of biting or attacking people. However, if a dog does have a history of attacks that would certainly be important in showing recklessness by the dog owner, which could increase the value of an injured person’s claim.
When a Dog Owner Has a Good Defense
A dog owner does have defenses, however, if his or her dog bites or attacks someone. One defense is if the injured person is trespassing in the dog owner’s property. If someone is lurking around in the backyard at night, and the family dog attacks, that would be a good defense. However, the dog owner would be out of luck if a mailman or other visitor knocking on the front door was attacked.
The second defense of a dog owner is if the dog is being provoked or attacked by the injured person. What amounts to a provocation or attack would depend on the particular facts of the incident.
Whether or not you were bitten, if your injuries were the result of another person’s dog, you may have a case. If you have been injured by someone else’s dog, please call Edwards & Kautz for a free case evaluation at 866-795-5087. Our personal injury attorneys in Kentucky will evaluate your case and advise you on the wisest course of action.