Kentucky ranks among the strict‑liability states for dog bites, meaning an injured person does not have to prove the dog had bitten before or that the owner knew it was dangerous. Within seconds, an otherwise ordinary walk around the neighborhood or visit to a friend’s farm can turn into a painful, scarring event that leaves medical bills, missed work, and lasting trauma behind.

The Law Offices of Croley & Foley has built a reputation for stepping in quickly, documenting every loss, and forcing insurers to honor their legal obligations. If you or a loved one has been harmed, call (859) 367‑0050 now for a confidential consultation with one of our skilled personal injury attorneys—time matters.

Dog Bite Claims in the Bluegrass State

Nearly one in five dog‑bite victims nationwide requires medical attention, according to the Centers for Disease Control and Prevention.  From 2011‑2021, the United States recorded an average of 43 fatalities every year caused by dog attacks, with deaths more than doubling for both men and women between 2018 and 2021. Beyond the human toll, insurers paid $1.57 billion in dog‑related injury claims during 2024—an 19 percent jump in a single year, and the average payout climbed to $69,272. Such statistics underscore why Kentucky’s strict‑liability law exists and why swift legal action is essential.

Fast facts YOU should know:

  • Strict liability under KRS 258.235(4) – Owners are responsible for all damages their dog causes—whether the injury is a bite, a knock‑down, or property destruction.
  • One‑year statute of limitations – Victims generally have 12 months to file suit, shorter than many other injury claims in Kentucky.
  • Shared‑fault rules still apply – If a jury believes the injured party provoked the animal, damages may be reduced in proportion to fault.

Kentucky’s Strict‑Liability Statute 

Kentucky Revised Statutes § 258.235(4) imposes liability on a “dog owner” for any injury to a person, livestock, or other property. The statute carves out no exceptions for “first bites,” breed, or the owner’s lack of knowledge. Unlike negligence‑based states, you need not prove the owner failed to leash the dog or ignored prior warnings. Establishing:

  • Ownership or harboring of the dog, and
    Causation between the animal and your injuries

is enough to trigger the owner’s duty to pay. This standard simplifies recovery but does not guarantee insurers will offer fair value; they often argue provocation or comparative fault to reduce payouts.

Typical Injuries We See After Animal Attacks

Dog bites are rarely just “puncture wounds.” Clients frequently present with:

  • Crush fractures and tendon damage requiring surgical repair
  • Severe lacerations needing layered sutures and, later, scar‑revision procedures
  • Nerve injuries that impair hand or facial movement
  • Infections such as pasteurella and MRSA
  • Rabies protocol costs if the animal’s vaccination history is unclear
  • Post‑Traumatic Stress Disorder, especially in children

Travel‑medicine data confirms serious infection risks from mammal bites and scratches. Our seasoned personal injury attorney in Kentucky coordinates with infectious‑disease specialists and plastic surgeons to calculate the full future cost of care.

Damages Available Under Kentucky Law

KRS 258.235 imposes strict liability so the focus quickly shifts to value rather than fault. Victims may recover:

  • Past and future medical expenses—ER visits, surgeries, therapy, and scar revision
  • Lost income and diminished earning capacity
  • Pain, suffering, and emotional distress
  • Disfigurement damages for visible scars
  • Property losses (e.g., torn clothing, broken glasses)
  • Punitive damages if the owner acted with conscious disregard, such as ordering a dog to attack

Because we prepare each claim for trial from day one—assembling witnesses, specialists, and hard‑science evidence—insurance carriers recognize that low offers will trigger immediate, aggressive litigation. The result is a negotiating posture that consistently drives higher settlements and, when necessary, decisive courtroom wins for Kentucky dog‑bite victims.

Common Owner Defenses—and Counter‑Strategies

Kentucky’s strict‑liability statute puts responsibility squarely on the dog owner, yet insurers still roll out familiar arguments to chip away at your compensation. Below are the four objections we hear most often and the strategies our Lexington personal injury attorneys deploy to shut them down.

“The victim was trespassing, so we owe nothing.”
Adjusters like to confuse trespass with total immunity, but KRS 258.235(4) imposes liability even when a bite occurs on private property. Trespass may reduce damages under comparative‑fault principles, yet it rarely defeats the claim. We begin by establishing implicit or explicit invitation: neighborhood children retrieving a ball, a delivery driver following posted instructions, or a tenant’s guest using a common walkway all qualify.

Next, we document site conditions—missing “No Trespassing” signs, an unfenced yard, or an unlocked gate—to prove reasonable belief of lawful entry. Finally, we quantify losses in a way that demonstrates how even a modest percentage reduction for alleged trespass still produces a substantial verdict the insurer cannot ignore.

“He provoked the dog, so liability should be limited.”
Provocation arguments thrive on ambiguity. Within days of retention, we interview every witness, secure doorbell or security‑camera footage, and obtain veterinary behavior records that often show a history of aggression unrelated to our client’s actions. If no visual evidence exists, canine‑behavior specialists can explain how normal movements—handing a package through a fence, tying a shoelace, or stepping backward—do not meet the legal definition of provocation.

We pair that testimony with photographs of defensive, rather than aggressive, wounds (e.g., bites to the back of the leg or arm) to illustrate our client was retreating, not teasing. When insurers realize a jury will see a peaceful passerby rather than a tormentor, they quickly abandon this line of defense.

“There was no bite, only a knock‑down injury.”
Kentucky law extends beyond puncture wounds; liability attaches to any injury “caused by” a dog. We prove causation by recreating the chain of events: skid marks in the soil, torn clothing consistent with claw impact, medical imaging showing fall‑related fractures—all tied to the dog’s sudden charge.

Orthopedic specialists outline how force from a lunging Labrador equals or exceeds that of a bicycle collision, making the resulting concussion or broken hip entirely foreseeable. Armed with biomechanical data and medical testimony, we convert what insurers diminish as a “minor tumble” into a compelling narrative of negligence that juries take seriously.

“It was a working farm dog—different rules apply.”
Livestock guardians and herding breeds enjoy no statutory exemption. We gather county ordinances, leash‑law records, and agricultural‑extension guidelines to demonstrate the owner’s duty remains unchanged: control the dog. When a farm animal leaves designated acreage to confront a jogger on a public road, “normal farm activity” becomes irrelevant.

Our litigation team frequently uncovers fence disrepair, unsecured gates, or prior warnings from neighbors, proving the owner disregarded basic containment measures. Once those facts are filed with the court, insurers understand a rural setting offers no safe harbor from liability. Call our team to transform a traumatic event into a foundation for a secured future.

Animal‑Control Investigations and How They Strengthen Your Claim

Every reported attack triggers an official inquiry by county animal‑control officers who possess subpoena power to obtain vaccination records, prior bite complaints, and kennel licenses. These investigative files often reveal patterns of owner indifference: expired rabies shots, citations for leash‑law violations, or witness statements describing earlier aggressive episodes.

Procuring the full investigative dossier requires formal open‑records requests, affidavits of necessity, and sometimes a preservation order to prevent premature file destruction. Our dog bite attorneys in Kentucky initiate this evidence‑gathering process immediately, then integrate the agency’s findings into a chronological liability narrative that eclipses any argument of “sudden, unforeseeable incident.”

When animal control orders a ten‑day quarantine, we subpoena the attending veterinarian to testify about observed behavior and wound‑compatible jaw measurements, fortifying causation. Should the dog be deemed dangerous under local ordinance, we secure certified copies of that designation and the ensuing compliance plan—such as mandatory muzzling or reinforced fencing—which demonstrate the municipality’s own assessment of risk.

This official condemnation carries persuasive weight in settlement conferences and, if necessary, at trial, where jurors give credence to neutral governmental conclusions. In short, proactive use of animal‑control resources arms the Law Offices of Croley & Foley with documentary ammunition that private witnesses alone cannot supply, accelerating negotiations and elevating claim value.

Call Us Before Dog Bite Evidence Disappears

Insurance adjusters start damage control the moment a dog attacks. You deserve an advocate who starts even faster. The Law Offices of Croley & Foley blends proven trial strategies with compassionate client service to transform the chaos of a dog attack into a pathway toward physical, emotional, and financial recovery. Let our seasoned dog bite attorneys pursue the full measure of damages Kentucky law allows while you focus on healing—contact us today to begin.