The average cost per dog bite claim has almost doubled, from $32,072 in 2014 to $58,545 in 2023, according to data from the Insurance Information Institute (IIC). However, average amounts don’t mean much when talking about individual cases, as settlements can vary widely from thousands to hundreds of thousands of dollars, depending on the circumstances and the injuries involved.
Homeowners’ and renters’ insurance policies typically cover dog bite liability legal expenses, up to the liability limits (generally $100,000 to $300,000). If the damages from your claim exceed the limit, the dog owner is responsible for all damages above that amount, and, in a successful lawsuit for major injuries or wrongful death, damage awards can be even higher.
If you or a loved one has been seriously injured or someone has died from a dog attack in Kentucky, be aware that it is not easy to get a fair settlement. Kentucky personal injury laws are complex, and insurance companies have high-powered lawyers attempting to deny claims, place the blame for the dog attack on you, or get you to settle for the lowest amount possible.
Fortunately, at this difficult time, you do not have to go up against them on your own. You can get help from an experienced Kentucky dog attack personal injury attorney who knows the laws and the system. Your attorney can conduct investigations to determine fault, gather evidence, negotiate with insurance companies and their lawyers, and select the appropriate expert witnesses to testify on your behalf, seeking a settlement that covers all the losses you suffered from the attack.
What are Kentucky Dog Bite Laws?
Kentucky has several laws that deal with how dog attack incidents are handled. It is a strict liability state, where the law (Ky. Rev. Stat. § 258.235) holds dog owners strictly liable for property damage, bites, and other injuries caused by their pets. This is favorable to dog attack victims, as they can collect damages from the animal’s owner without having to prove that the owner did something irresponsible, even if the dog has never bitten or attacked anyone before.
In Kentucky, dog owners are under a legal obligation to take reasonable measures in terms of fencing, leashing, and training to prevent their dogs from attacking others. Under the law, the term “owner” is broadly defined as anyone with possession, custody, or control of a dog, so even someone temporarily caring for a dog can be liable. However, there are exceptions to this strict liability rule,
This is because Kentucky also has a pure comparative negligence rule (KRS. 411.182). It states that if a victim in a personal injury lawsuit did something to contribute to their injuries, their settlement amount is reduced by the percentage of fault they are determined to have. Under Kentucky’s comparative negligence rule, victims are still obligated to look out for their own safety and not be careless or do something that is illegal or dangerous. So, if you were, for example, trespassing or deliberately provoked the dog into attacking you, your compensation would be reduced accordingly. If you are found entirely at fault (100%), you will be barred from recovering any compensation at all.
Actions such as approaching a snarling dog, ignoring warning signs, or engaging in behavior such as teasing or provoking the dog can lead to a determination of partial fault, reducing your settlement amount accordingly. Your dog bite attorney would investigate what happened, interview witnesses and look for evidence such as videos of the incident and the area to help prove that you were not at fault for causing the attack.
Potential Settlements in Kentucky Dog Bite Cases
In Kentucky, victims of dog bites can seek compensation for both economic damages and non-economic damages.
Economic damages are for actual costs you incurred. These include:
- Medical expenses, from emergency care to ongoing treatment and rehabilitation
- Lost income if the injury prevents you from working
- Costs of replacing property damaged in the attack.
Non-economic damages are for losses that do not have a specific dollar value but negatively impact your life, such as:
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Loss of quality of life and consortium.
Non-economic damages can be substantial, especially in cases involving severe injuries or long-term psychological effects from the attack. It is important to seek medical care after a dog bite incident and document all your injuries and the impact to you and your family and seek compensation accordingly.
Punitive damages may also be awarded in some rare cases involving intentional harm or gross negligence by the dog owner. This is for the purpose of serving as punishment and a deterrent for this behavior in the future.
The Role of Insurance in Dog Bite Cases
Many dog bite cases are covered by homeowner’s or renter’s insurance policies. Victims of attacks should contact the dog owner’s insurance company to report the incident. The insurance company will conduct an investigation into the dog bite claim, reviewing medical records, witness statements, and other relevant evidence. After evaluating the damages, the company may offer a settlement based on their evaluation, often for less than the case is worth.
Your personal injury attorney will conduct their own investigation and negotiate to reach a fair settlement. If there is no agreement or the damage amounts are greater than the limits of the policy, your attorney can file a lawsuit on your behalf.
Be aware that Kentucky law imposes a statute of limitations (Ky. Rev. Stat. § 413.140) on dog bite cases, typically one year from the date of the injury. You generally must file a lawsuit within this time frame to pursue compensation, or the courts will refuse to hear your case.
Get Help Getting a Settlement for Your Dog Bite Injury Case
Kentucky imposes strict liability on dog owners, but it can still be complicated to determine how much compensation you will receive for an attack. The average settlement for dog bite claims doesn’t tell you much about what your claim is worth because every case is different. Working with an experienced dog bite lawyer can help assure you get the maximum compensation you’re entitled to.
At the Johnson Law Firm, our skilled attorneys have been helping victims of dog bites, vehicle accidents, and other types of personal injuries since 1998. Attorney Billy Johnson is aggressive when going after the negligent parties and will file a lawsuit and take your case to court if necessary. Let us take the burden off you and handle all investigations, negotiations and legal requirements needed to get you the settlement you deserve.
We provide a free consultation to help determine the best way to move forward, so call us today at 606-437-4488, to get started.
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Attorney Billy Johnson
William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]
