Kentucky Dog Bite Laws

According to the US Postal Service, it recorded nearly 6,000 incidents of dog attacks on its employees in 2023, and 28 of these cases occurred in Louisville, Kentucky. The data put Louiseville in the 14th out of 20 spots of US cities with the highest number of dog attacks. 

The above recorded cases highlight how important it is to have a comprehensive grasp of dog bite laws and take preventive measures to solve dog-related safety concerns. This also emphasizes the importance of imposing rules or policies, raising public awareness, and reinforcing current laws relating to dog bites in Kentucky. 

Dogs are held in high regard as faithful companions; however, when interactions with them cross dangerous lines and result in attacks, it becomes imperative to follow the legal framework in place to handle the fallout. 

In this article, we will look at Kentucky dog bite laws, which aim to strike a balance between upholding dog owners’ rights and safeguarding the public. 

Dog Owner Responsibilities in Kentucky

As defined in Kentucky Revised Statutes 258.095 (5), a dog owner refers to a person with a property right to the dog and anyone who provides shelter for them. The laws outline particular obligations for dog owners, with the goal of putting the general welfare of the community and public safety first. 

In Kentucky, getting a dog license and registration is crucial to guaranteeing a pet’s security and welfare. Dog owners must register their dogs with their designated municipal authorities, which may require them to show proof of vaccination or pay nominal fees. By complying with the licensing requirements, owners are not only meeting their legal obligations but also helping protect their cherished dog companions.

Once a dog has been registered, the key responsibilities of dog owners in Kentucky include:

• Veterinary Records: Owners must keep updated copies of their dogs’ medical and immunization records.

• Vaccinations: Dog owners must provide proper immunization for their dogs for the safety of their pets and other people. It is also important since, per Kentucky Revised Statutes 258.245, dogs are considered personal property if they have proper rabies vaccination and identification, and they are thereby protected by law from getting stolen or killed.  

• Adoption or Purchase Documents: Since animal law considers dogs as personal property, owners must keep all the documents of their adoption or purchase to serve as proof of legal ownership.

• Pet Agreement Form: This document is also necessary to establish ownership of a dog, particularly for two or more non-married individuals owning or taking care of a pet together. 

Raising a dog comes with showing love and care while also considering the safety and comfort of people and other animals. Dog owners must always ensure that their pets are placed in secure areas or shelters, both indoors and outdoors. This action shows the commitment of the owner to their pet’s welfare while also complying with animal laws in the state. 

Breed-Specific Legislation in Kentucky

There is no statewide breed-specific legislation implemented in Kentucky. However, 36 counties out of 120 either outright prohibit “pit bull terrier” breeds or classify them as dangerous. These laws, crafted by regional and state authorities, aim to protect the public against potential injuries and fatalities. 

This BSL is applicable regardless of the individual behavior or history of aggression of the dog. The prohibition of these breeds seeks to reduce dog-related problems in the community and promote a safe environment for the residents. 

In 2018, homeowners in the McConnell’s Trace community of Lexington were notified of a new rule regarding the prohibition of ownership of 11 specific breeds of dogs. These include:

• Pit Bulls.

• Great Danes.

• German Shepherds. 

• Huskies. 

• Chows.

• Mastiffs.

• Akitas.

• Rottweilers.

• Alaskan Malamutes.

• St. Bernards.

• Doberman Pinschers.

However, since the decision was made without the input of the HOA board members, it was met with push backs from the locals and sparked discussions among homeowners and dog owners.

Liability Standards in Kentucky Dog Bite Cases

Kentucky operates under strict liability laws, which provide protection to anyone harmed by a dog. Section 258.235 of the Kentucky Revised Statutes outlines the responsibilities of dog owners whose pets have caused damage to property or people.

Key parts of this legislation include:

• Owners will be responsible for damages for injuries caused by their dogs to people, properties, or other animals. 

• A complaint may be filed in the district court by dog bite victims against the owners. The complainant may accuse the owners of keeping dangerous dogs. 

• If a dog is caught attacking a person, anyone from the scene may remove or capture it without facing consequences. 

• Court-designated vicious dogs must be kept in a locked kennel run with a secure top or enclosure at least seven feet high. They are only allowed to go outside, wearing a muzzle, for vet visits and animal shelter surrender purposes.

Kentucky has no “one-bite rule," unlike in other states. This means that dog owners can still be held liable even if it was the dog’s first time to bite someone. Other states, in contrast, allow dogs “one free bite” before the owner can be sued.

To obtain damages, the victim only needs to demonstrate that they have suffered injuries as a result of the dog bite. In Kentucky, dog bite victims are not required to provide proof of particular conditions, such as the owner’s precautions or the location of the attack, in order to establish the injuries they have suffered. 

Dog owners who are facing a dog bite lawsuit may use certain defenses, such as the victim provoking the dog or trespassing. 

Since the state follows the pure comparative negligence system, the amount of damages that the dog owners may be required to pay will be reduced in proportion to the injured party’s share of fault. On the other hand, if the victim is found to be completely at fault, they will not recover any damages. 

Statute of Limitations in Kentucky for Dog Bite Cases

Since dog bite cases are categorized under personal injury in Kentucky, victims are permitted to file a lawsuit in civil court within one year from the date of the incident, in accordance with Kentucky Revised Statutes 413.140(1)(a). 

This time frame encourages plaintiffs to take action as soon as possible to recover the damages they are entitled to. To avoid missing this deadline, it is crucial for the victims to consult a dog bite lawyer who has the knowledge and experience to pursue this type of claim. 

Civil Penalties for Dog Bites in Kentucky

Dog bite cases in Kentucky are often resolved through settlements. However, results may vary depending on a number of criteria. 

Such variables include the extent of the wounds, the cost of medical care, missed income, pain and suffering, and the long-term consequences of the injury. Other important considerations are insurance coverage and the willingness of both sides to come to a mutually agreed conclusion. 

Criminal Penalties for Dog Bites in Kentucky

Although the majority of dog attacks in Kentucky are considered civil claims, a case can also be classified as criminal under extreme circumstances. As per Kentucky Revised Statutes 258.990, dog owners may be subject to fines ranging from $50 to $200 or jail time of 10 to 60 days if their dogs bite someone and cause injuries. The degree of punishment for owners depends on the specifics of the biting incident.  

In the most severe cases that lead to irreparable damage or death, a dog owner can face manslaughter charges. Criminal negligence may also apply if the accused knew about their dog’s tendencies but failed to mitigate the situation accordingly. 

Reporting and Handling Dog Bite Incidents

Due to the potential severity of the damage, victims of dog bites in Kentucky must know the appropriate actions to take:

• Prioritize safety by moving away from the dog.

• Seek prompt medical attention for the injuries incurred.

• Identify the dog owner or caretaker and exchange contact details with them.

• Document the event for the injury evidence.

• Report the dog attack incident immediately to local animal control or law enforcement. 

Any provider, such as physicians, who witnesses an animal bite must report it within 12 hours of the initial assessment, as required by Kentucky Revised Statutes 258.065. The Division of Environmental Health and Protection can be contacted via phone at 502-574-6640 or by fax at 502-574-6657 for any reports of animal bites.

Consequently, it is critical for victims to know the steps they need to take to support their claims and hold the defendants accountable:

• Victims must gather relevant documentation, such as medical records and photos of injuries.

• Preserve any physical proof of the harm, such as damaged property. 

• Keep records of all expenses and losses following the incident.

How To Find a Dog Bite Attorney in Kentucky

Victims of dog bites in Kentucky may face huge medical expenses after this unfortunate event. Therefore, it is crucial for them to determine the liable parties to demand the rightful amount of compensation from them. It is recommended that victims seek help from legal professionals with adequate expertise regarding dog bite cases.

Other Resources for Dog Bite Victims in Kentucky

Kentucky Legal Aid

KLA offers a Lawyers Care Volunteer Attorney Program to low-income residents, elderly people, and persons with disabilities. This pro bono program seeks to help Kentuckians facing various civil legal concerns, such as victim’s rights. Its volunteer lawyers provide various services to clients, from document handling to settlement negotiation or case litigation. The nonprofit public interest firm has been in operation since 1977.

Northern Kentucky Volunteer Lawyers

Northern Kentucky Volunteer Lawyers, Inc., is a nonprofit organization that serves underprivileged residents. Its volunteer attorneys help families and individuals seeking advice and representation on various civil legal matters. The group works in partnership with Legal Aid of the Bluegrass and Northern Kentucky Bar Association. NKVL can be contacted via phone at 859-957-0718 or via fax at 859-431-3009.