The Shelton Law Group and attorney Rob Shelton have successfully handled claims on behalf of dog bite victims, either through negotiations with the owner’s insurance company or through litigation. He is well-versed in Kentucky-specific statutes enacted to protect the rights of dog bite victims. Mr. Shelton understands it is vital in protecting these rights to act quickly following a dog bite attack. Establishing liability for the bite and determining whether insurance coverage applies should be done through an immediate investigation.
It is important if you or a loved one has been bit by a dog in Kentucky to contact an attorney immediately to learn more about your legal options.
Kentucky Workers’ Compensation and Dog Bite Injuries
People who are required to walk on private property or enter homes as part of their job description like mail carriers and deliverymen are given an “implied invitation” to enter the premises. If while working within the scope of their employment and lawfully on the premises, someone is bit by a dog, that person can submit a claim for workers’ compensation benefits. In Kentucky, workers’ compensation insurance provides employees who are injured on the job with medical and wage replacement benefits. As long as the dog is not owned by the employer, if an employee is bit by a dog at work, he may also have a claim against the owner of the dog. Additional compensation for pain and suffering and other losses not covered by workers’ compensation can be provided to the injured person through what is known as a third-party claim.
Are Dog Bite Cases Covered by Kentucky Homeowner’s Insurance?
Homeowners’ insurance may cover medical expense and pain and suffering claims, depending on the details of the case, resulting from dog bites which occur on the owner’s property. If the injury happens in the owner’s motor vehicle, dog bites may also be covered by automobile insurance or by animal insurance if the owner elected to purchase such coverage. The injured party can still bring a legal claim against the owner to collect compensation for their losses even if the dog’s owner does not have coverage. Mr. Shelton will ask to see the dog owner’s insurance “declarations page” to discover whether the dog’s owner is insured. He will determine whether the owner has a supplemental or “umbrella” policy which may cover the damages if the insurance limits seem inadequate. If the dog’s owner is unwilling to provide the details of the plan or denies having coverage, the documents can be obtained during the discovery phase of a lawsuit. This is where attorneys for both parties are required to share information regarding the accident and injury.
Liability for a Dog Attack in Kentucky
The dog owner is the most common defendant in dog bite cases. However, the degree of the owner’s liability varies between cases. The owner of the dog may be liable for any damages incurred, according to Kentucky’s dog bite statute, if a dog bites a person in a public or a private place where the victim is lawfully present. Regardless of whether they have any prior knowledge of the dog being vicious, in most cases, the owner is responsible for the dog’s actions. In Kentucky, there are two limited exceptions to this rule. First, the victim’s own negligence will be taken into account when determining damages if the dog is provoked. As an example, a victim could have their compensation reduced by 20% if they are found to be 20% negligent. Second, they usually cannot be found liable if the bite occurs on the owner’s property (unless the victim is under six-years-old) if there is an easily readable sign in a prominent place that says “Bad Dog”.
The Statute of Limitations for Dog Bite Claims
There is a law limiting the amount of time following a dog attack injury in which the has to file a claim. This is known as the statute of limitations. Victims of dog bites may no longer bring their claims after this time period expires. In Kentucky, the statute of limitations is one year. Dog bite victims should therefore not wait to contact an attorney in regard to their claim.
Based in Louisville, Kentucky, the Shelton Law Group practices Kentucky personal injury law, including dog bite cases. We represent clients throughout the Commonwealth of Kentucky including Jefferson, Oldham, Bullitt, Spencer, Taylor, Shelby, Warren, Scott, Fayette, Woodford, Kenton, Boone and Campbell Counties. We will finance your legal battle. You only pay us if we win. That’s because we work on a contingency fee basis. We believe this is the fairest approach. Why should you pay for something that doesn’t benefit you? Contact the Shelton Law Group today. Call 1-888-761-7204 to speak with a lawyer for free today. At the Shelton Law Group – we take your case personally.
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