Got bitten by dog.(kle1986)(update 2 new picture)

This dog has been a danger, and will continue to be a danger. Whatever the means - gun, pepper spray, fence on your property - you need to protect your dogs, your self, and your daughter.  

janet_rose

BCMixs

If the person fails to appear at the time fixed, or if upon a hearing of the parties and their witnesses, the court finds the person so charged is the owner or keeper of the dog in question, and that the dog has viciously and without cause, attacked a human being when off the premises of the owner or keeper, the person shall be subject to the penalties set forth in KRS 258.990(3)(b),

The problem in this case is that the bite was on the premises of the owner.  In an attempt to permit dogs to guard their owner's property without punishment, the law does not even address dangerous dogs biting invited guests. 

While that's true, I think the DA could make the argument for a dangerous dog designation based on the fact she was an invited guest, it was an unprovoked attack, this is a pattern of behavior with others (if she can produce them to testify) and there was a small child present that could easily have been harmed.  If the attack had been on Samantha and that severe, do you think the dog would still be at home?  The statutes further state that anyone can kill a dog that is attacking a person or running at large and harassing people or livestock and doesn't make the on property differentiation, so I suppose if she wants to pack heat, she could take care of this dog on her own without consequence the next time it's running at large and on her property.  I think it's better to contact the DA so he can file charges or petition for a DD designation that would require the owner to keep it contained.

janet_rose

The problem in this case is that the bite was on the premises of the owner.  In an attempt to permit dogs to guard their owner's property without punishment, the law does not even address dangerous dogs biting invited guests. 

BCMixs

While that's true, I think the DA could make the argument for a dangerous dog designation based on the fact she was an invited guest, it was an unprovoked attack, this is a pattern of behavior with others (if she can produce them to testify) and there was a small child present that could easily have been harmed. 

I sure hope you are right!  I haven't seen any "dangerous dog" definition for the area besides the law you quoted.

BCMixs

I suppose if she wants to pack heat, she could take care of this dog on her own without consequence the next time it's running at large and on her property.  I think it's better to contact the DA so he can file charges or petition for a DD designation that would require the owner to keep it contained.

I agree that legal action is best - if the DA will cooperate.  The police sure didn't.

I hope so too, before this dog does serious damage, especially to a small child.  I don't know where the OP resides in Kentucky, but this section seems to indicate if she can get this dog designated a DD, alot more restrictions can be placed on the owner.  Faced with the cost of these restrictions, he will probably get rid of it or euthanize it.

§ 96.41 GENERAL REGULATIONS.

             (G) LIABILITY INSURANCE REQUIREMENT

             The owner of any vicious or dangerous dog, as defined herein, or the owner of

any dog involved in a biting incident of record with any police agency or health

department, shall be required to obtain and keep in force, liability insurance or

homeowners or renters insurance coverage, in an amount of not less than $500,000.00,

protecting against any injury or death caused by such dog. Proof of such insurance

coverage shall be provided to any police or code enforcement officer upon request.

     In the event the owner shall be a minor, the minors parent or guardian shall be

required to provide such insurance coverage on the minor owner’s behalf.

     Each owner shall be required to obtain such insurance coverage within thirty (30) days

of locating within the city or from the date of purchase or acquisition of any such dog

covered hereunder.

     Any owner found to be in violation hereof shall have such dog confiscated and

impounded until the provisions hereof are met.

From City of Newport, Kentucky.