Kentucky dog bite victims were dealt a blow recently in an opinion written by Judge Tom Wine of the Court of Appeals. In the opinion, Wine extended the logic of Johnson v. Brown, 450 S.W.2d 495, 496 (Ky. 1970) and Dykes v. Alexander, Ky., 411 S.W.2d 47
(1967), which held that "one who keeps a dog enclosed or fettered on his own premises will not be liable to an interloper whose presence and exposure to the dog he has no reason to anticipate." In Carmical, the Court extended the logic to include deliverymen, further abrogating KRS 258.275(1).
Read the opinion here: Carmical v. Bullock
In other dog bite news, my partner Vanessa Cantley recently appeared at a Metro Louisville subcommittee hearing on the new dog ordinance. She has proposed a change to the dog ordinance which would require landlords/homeowners in Metro Louisville to provide insurance to cover tenants’ dogs in case of attack or require their tenants to maintain renter’s insurance which would do so. Kudos to Vanessa for taking a stand for dog bite victims.