Dog Bite Laws in Kentucky: Strict Liability and What It Means for Victims
Kentucky takes dog bite injuries seriously, and the law strongly favors bite victims. Unlike many states that give dogs a “one free bite” before the owner is liable, Kentucky imposes strict liability on dog owners — meaning you can recover damages even if the owner had no idea their dog was dangerous.
Kentucky’s Strict Liability Dog Bite Statute
Under KRS 258.235(4), any owner whose dog is found to have caused damage to a person, livestock, or other property shall be responsible for that damage. This is a strict liability statute — you don’t need to prove that the owner was negligent, that the owner knew the dog was aggressive, or that the dog had bitten anyone before. If the dog caused your injury, the owner is liable. Period.
What If the Dog Was Running Loose?
Kentucky’s dog law also imposes a duty on owners to keep their dogs under control. Under KRS 258.215, no dog shall be allowed to run at large in the state — meaning off the owner’s premises and not under the owner’s control. An owner who allows a dog to run at large is in violation of the statute, which can support both the strict liability claim and a negligence per se argument (negligence based on violation of a safety statute).
What Damages Can You Recover?
Dog bite victims in Kentucky can recover medical expenses (emergency treatment, surgery, reconstructive procedures, infection treatment, physical therapy, and psychological treatment), lost wages from missed work during recovery, pain and suffering, scarring and disfigurement (which can be particularly significant in dog bite cases, especially bites to the face or hands), and future medical expenses for ongoing treatment or scar revision.
Homeowner’s Insurance
In practice, most dog bite claims are paid by the dog owner’s homeowner’s or renter’s insurance policy. Standard homeowner’s policies typically include liability coverage that covers dog bite injuries. This means there’s usually insurance available to compensate the victim — the claim isn’t just against the dog owner’s personal assets.
Comparative Fault
Kentucky’s comparative fault rule (KRS 411.182) can come into play in dog bite cases. If the victim was taunting the dog, trespassing on the owner’s property, or otherwise contributed to the incident, their recovery may be reduced. But remember — Kentucky is a pure comparative fault state, so even significant shared fault doesn’t completely bar recovery.
If you or your child has been bitten by a dog, call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
