A dog attack can leave lasting physical and emotional scars, from deep lacerations and nerve damage to a lasting fear of dogs. If you or your child was bitten in Lexington or anywhere in Fayette County, the Lexington dog bite attorneys at Portner & Shure can help. We have handled personal injury claims across Kentucky for more than 30 years.
Kentucky’s Strict Liability Dog Bite Law
Lexington’s residential streets, parks, and rural properties are common settings for dog encounters that can turn dangerous. Kentucky is a strict liability state for dog bites. Under state law, the owner of a dog is responsible for the damage the dog causes to a person (KRS 258.235(4)). That means you generally do not have to prove the owner knew the dog was dangerous or had bitten before — a critical difference from states that follow a “one-bite” rule. The statute defines who counts as an “owner,” which in some cases can include a landlord who permitted the dog on the property.
Injuries and Damages
Dog attacks often cause puncture wounds, lacerations, broken bones, nerve and muscle damage, infection, and permanent scarring, along with post-traumatic stress that can last long after the wounds heal. Depending on the facts, you may be able to pursue compensation for medical expenses, future medical care including reconstructive surgery, lost wages, and pain and suffering. Many dog bite claims are paid through the owner’s homeowners or renters insurance.
Kentucky’s Comparative Fault Rule
Even in a strict liability state, an owner’s insurer may argue that the injured person shares some blame — for example, by provoking the dog. Kentucky follows a pure comparative fault rule, so your recovery is reduced by your percentage of fault rather than barred entirely. That means you may still recover even when the insurer tries to shift some blame onto you.
How Long Do I Have to File? Kentucky’s Statute of Limitations
In Kentucky, the statute of limitations for a dog bite injury claim is generally one year from the date of the attack (KRS 413.140(1)(a)). This is shorter than in many states, so it is important to speak with an attorney as soon as possible so no deadline is missed. Claims in Fayette County are generally pursued through the Fayette County Circuit Court.
How Our Lexington Dog Bite Attorneys Can Help
Insurance companies routinely argue that the victim provoked the dog and defend these claims aggressively. You should not face them alone. Our team moves quickly to document the attack, obtain any animal-control records, identify the dog’s history, and push for fair compensation. We work on a contingency basis, which means there is no fee unless we recover for you.
We Can Help If English is Not Your First Language
Our firm serves a diverse community, and we have team members who speak Spanish and Korean. We can discuss your case in a language you are comfortable with so nothing is lost in translation.
Contact Our Lexington Dog Bite Attorneys Today
If you or a loved one was bitten in Lexington or anywhere in Fayette County, contact Portner & Shure for a free consultation. There is no fee unless we recover compensation for you.
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