Taking a walk in a park is usually a peaceful activity. Getting bitten by a dog while you are out doesn’t just disrupt your day, it can turn it into a nightmare. The physical trauma from such injuries can heal with time, but one may not recover from it mentally.
In Kentucky, there is a legal process through which victims can claim compensation.
What does Kentucky law say?
Kentucky law takes dog bite cases seriously, and often holds dog owners responsible for any damages or injuries their pet causes. It usually does not matter if the dog has a history of aggression. Victims can still demand compensation from the pet owner. However, they only have one year from the day of the attack to file a lawsuit.
Additionally, some local municipalities have a leash law that requires dogs to be on a leash at all times in public spaces like parks. If the dog was not on a leash, the dog owner can face separate citations for violating local ordinance.
On what grounds can you sue the dog owner?
If the incident took place in an open park, the pet owner becomes responsible for their dog’s behavior in a public space. However, due to the comparative fault system the pet owner can claim the attack as a reaction of active provocations. Consulting with a personal injury attorney can be helpful in case the dog owner aims to file a lawsuit.
Compensation does not always come out of the pocket of the owner. It is often paid for through homeowner’s insurance, which provides coverage for most dog bites. However, filing a lawsuit escalates the claim from an insurance negotiation to a civil court case.
How can you claim compensation after a lawsuit is filed?
Most dog bite cases are resolved out of court through mediation. If the settlement negotiations fall through the case then proceeds to a court trial. Gathering evidence related to the incident such as medical records and bills can be helpful in presenting the victim’s side of the case.