If you or a loved one has suffered from a dog bite in Lexington, it’s crucial to seek experienced legal representation to guide you through the complexities of your claim and ensure your rights are protected.
Strict Liability in Kentucky
Kentucky follows a strict liability standard for dog bites. KRS 258.235(4) states: “Any owner whose dog is found to have caused damage to a person, livestock or other property shall be responsible for that damage.”
This means that a dog owner can be held liable for injuries caused by their dog without the victim proving negligence. The law applies regardless of the dog’s previous behavior or the owner’s knowledge of such behavior, making it easier for victims to seek compensation.
However, the law also considers the victim’s actions at the time of the incident; for example, if the victim was trespassing or provoking the dog, this may impact their ability to recover damages.
Compensation can include medical expenses, lost wages, pain and suffering, and other losses related to the injury.
At Sam Aguiar Injury Lawyers, our team is dedicated to providing aggressive representation to victims of dog bites.
With a deep understanding of Kentucky’s dog bite laws and a commitment to achieving the best possible outcomes for our clients, we’re here to help you navigate the legal process and fight for the compensation you deserve.
Don’t navigate this challenging time alone. Contact our lawyers for a free, confidential consultation, and let us start working on your behalf.
How a Lawyer Handles a Dog Bite Claim
When handling a Lexington dog bite injury claim, our personal injury lawyers begin with a thorough evaluation of the incident, including the circumstances of the dog bite, the severity of the injuries, and any relevant Kentucky dog bite laws.
We’ll gather evidence, such as medical records documenting the injuries, photographs of the bite marks, witness statements, and reports from animal control, to build a compelling case.
Given Kentucky’s strict liability statute in dog bite cases, we will typically assert that the dog owner is liable for any injury, damage, or death caused by their dog without the need to prove negligence.
We will argue for the full extent of damages, which include medical expenses, lost wages, pain and suffering, and any psychological counseling required due to the trauma of the attack.
Most claims will start with negotiations with insurance companies, where our lawyers leverage the evidence we have collected. If the other side will not budge, we are prepared to litigate your case in court.
Potential Defenses
While Lexington dog bite laws generally favor victims by holding dog owners strictly liable for injuries their pets cause, defendants may still raise several defenses in these cases.
Understanding these potential defenses and their possible counters is crucial for building a strong legal strategy.
The two most common defenses are trespassing and provocation.
The defendant may argue that the victim was unlawfully on the property when bitten, implying the dog owner’s liability is lessened or negated.
Kentucky’s strict liability statute applies regardless of the dog’s location at the time of the bite, but being on someone’s property without permission could impact the victim’s compensation claim.
For the trespassing defense, the victim might counter by demonstrating they had a lawful reason to be on the property, such as being an invited guest or performing a duty imposed by law (e.g., mail delivery), which grants them legal protection.
If the dog owner can prove the dog was provoked into attacking, the victim’s ability to recover damages can be lessened.
Provocation can be direct, such as physically harming the dog, or indirect, through actions that a reasonable dog might interpret as threatening.
To counter the provocation defense, the victim can provide evidence showing no provocative action was taken on their part, such as witness statements or video evidence.
It’s also possible to argue that the victim’s actions were not sufficient to constitute provocation in a legal sense or that the victim, especially if a child, did not understand the consequences of their actions.
The Firm to Choose
Choosing Sam Aguiar Injury Lawyers for your Lexington dog bite claim means selecting a firm with a proven track record of success and a deep commitment to our clients.
At Sam Aguiar Injury Lawyers, we have secured substantial compensation for victims of dog bites.
With our Bigger Share Guarantee®, after the case settles, our client always gets more. Period.
Our firm’s track record in personal injury claims includes remarkable recoveries such as $6.8 million and $6.2 million for injury claims, showcasing our capability and determination to pursue successful results for our clients.
Our dedication to treating our clients allows us to provide the utmost care to fight for those injured due to negligence, achieving life-changing results.
Our results highlight our firm’s dedication to our clients and make us the choice for those needing a dedicated advocate in their corner.
Contact Our Office
At Sam Aguiar Injury Lawyers, our dedicated team of legal professionals is experienced in representing victims of dog bites.
We understand the unique challenges and emotional distress that dog bite victims face and are committed to providing aggressive legal representation to secure the justice and compensation our clients deserve.
With a thorough understanding of Kentucky’s dog bite liability laws, we stand ready to navigate the complexities of your claim with a focus on maximizing recovery.
If you or a loved one has suffered a dog bite injury, Sam Aguiar Injury Lawyers is dedicated to helping you every step of the way. Contact us today for your free consultation.
