Kentucky Dog Bite Liability

Kentucky's strict liability statute leaves little room for a dog owner to escape responsibility — and Kentucky courts have extended "owner" far enough to reach some landlords directly, not just the person on the leash.

Cited to Kentucky statutes & case law FigureMyTax Editorial Team Free · no sign-up

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Strict liability, confirmed by the state's highest court

Under KRS 258.235(4), a dog owner "shall be responsible for that damage" — mandatory language the Kentucky Supreme Court confirmed in Maupin v. Tankersley (2018) establishes strict liability as a matter of law, regardless of the dog's prior history. The statute covers both bites and other injuries a dog might cause, not just the bite itself.

Strict liability doesn't eliminate comparative fault, though. Maupin also confirmed that Kentucky's pure comparative fault statute still requires a jury to weigh the victim's own conduct — strict liability establishes the claim, but your own fault can still reduce the damages awarded, without ever barring recovery entirely under Kentucky's pure comparative system.

A genuinely distinctive extension: in Benningfield v. Zinsmeister (2012), the Kentucky Supreme Court held a landlord who permits a tenant to keep a dog on leased premises can themselves be considered an "owner" under KRS 258.235 — reaching landlords through the strict liability statute directly, not just through a separate negligence theory.

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Official sources

This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Kentucky statute and case law. Confirm how these rules apply to your specific case with a licensed Kentucky attorney.