An Overview of Dog Bite Laws in the Legal System from a Dog Bite Lawyer
Written by Cooper & Friedman PLLC on September 22, 2017
Nowadays when you read the news, it is commonplace to see an article related to a dog bite accident. It is unclear if the spike in news stories is a legitimate increase in incidents or news being sensationalized. Regardless, it cannot be denied that dog bites occur in America and they occur often.
According to the Center for Disease Control, over 4 million dog bites are reported annually in the United States and 20% of those reported bites become infected. There are plenty of tips to avoid a dog bite available; however, sometimes an aggressive dog is unavoidable and a dog bite is inevitable. In these cases, it is important to know dog bite laws and how the effect you.
What To Do If You or Your Loved One Suffers a Dog Bite Injury
When you or someone you love is bitten by a dog, there are many questions that arise. Most noteworthy, who is at fault? And what circumstances deem them liable for the injuries sustained in the attack? Two areas of law dictate the answers to these questions – state statutory law and common law tort principles. It is in the area of law where these two principles intersect that decisions are made. These decisions include who pays who compensation and how much in response to a dog bite attack.
State statutory law is defined as written laws that are put into legislation by a government body. State statutory laws vary greatly from common law which is derived from history, traditions, and court-based decisions. Consequently, for dog bite laws to fall into place at the meeting-point of these two extremely different branches of law can make it difficult to understand how to proceed with a dog bite injury case.
Each state in the United States of America has a set group of laws pertaining to dog bites; however, most dog bite injury cases are handled in court under the practice of common law. Statutory laws are considered as part of the case documents and are factored into the judge’s final decision.
How to Get Compensated for Injuries Sustained from a Dog Bite Injury
In order to get compensation for a dog bite injury under common law, the injured party must prove that there was a duty legally owed to the injured persons or party by the owner and/or keeper of the animal at fault and that duty was breached resulting in injury. Under statutory law, it is up to the legal system to determine what compensation is owed and by who based on existing legislation.
The Commonwealth of Kentucky is a strict liability state under statutory law which is favorable to the injured party after a dog bite or dog attack. The aggressive dog’s owner is liable to compensate the victim for damages caused to their person, livestock, or other property. Kentucky’s liability law also grants permission for any person to kill a dog seen attacking a person or animal.
If you or someone you know has suffered a dog bite in Louisville, Kentucky or throughout the entire state of Kentucky – contact the attorneys at the Cooper & Friedman Law Office today. We’ve got 50 combined years of experience helping people navigate the legal system in Kentucky and Southern, Indiana. Call us for a free case consultation at 502-549-7555 today or visit us online. Once you provide us with the details of your case, we’ll assess the situation and help you get the compensation you deserve.