June 2009 Archives

June 26, 2009

Large Verdict for Kentucky Toddler Injured When Attacked by Aunt's Dog

Right before Christmas in 2007, fifteen month old Jason Riley was being watched by his aunt at her house. Jason's aunt also had a 125 pound Great Dane in the house. While she was in the kitchen getting a drink for Jason, the Great Dane attacked the toddler, biting the toddler in the face and causing lacerations to Jason's eye, a fractured orbital bone, and a torn tear duct. Jason was taken to Kosair's Children's Hospital where the cuts were repaired. However, Jason's injuries resulted in scarring and an increased risk of harm related to the fracture and tear duct injury. Jason's parents filed a lawsuit on his behalf against the aunt seeking reimbursement of medical expenses, future medical expenses and pain and suffering.

At the trial, the aunt defended the case by arguing that she had no reason to think that her dog would attack Jason. The plaintiff submitted evidence at trial that the dog was involved in a prior incident regarding biting. The verdict in the case was rendered on June 24, 2009. On the issue of liability, the jury found in favor of Jason Riley. On the issue of damages, the jury awarded Jason $21,914 for his medical expenses, $30,000 for future medical expenses, and $60,000 for pain and suffering bringing the verdict total to $111,914.

The laws in Kentucky regarding dog bites hold the owner of a dog who causes harm strictly liable for the resulting injury. Strict liability is a legal term sometimes referred to as "absolute liability," and means that the owner of the dog is legally responsible for the damages or injury their dogs causes even if that person was not at fault or negligent. Therefore, in Kentucky, it is not required that a dog owner know that their dog is dangerous, it is simply enough that the owner's dog attacks and causes damages.

June 2, 2009

Train Wreck at the Louisville Zoo injures over 20 passengers.

louisville zoo train.jpg

Yesterday, June 1, 2009, a train at the Louisville Zoo derailed injuring over 20 of the 30 passengers aboard, many of them children. Several of those injured were transported to area hospitals. Ride inspectors from the Kentucky Department of Agriculture have already begun investigating the incident to try and determine what caused the train to derail. The train, which allows visitors to ride a loop around the zoo, will be shut down until further notice. A Louisville Zoo spokesperson told the Courier-Journal that the train is driven by zoo employees who are certified by the zoo and are at least 18 years old. The train does not have safety belts. When asked about safety belts, the Louisville Zoo spokesperson stated that the train did not have safety belts because they are not required by the manufacturer. The procedures the Louisville Zoo follows for inspecting the trains and the tracks have not been made available as of yet by the Louisville Zoo

If you or your loved one was injured as a result of this accident at the Louisville Zoo or any other automobile or trucking accident, call the personal injury attorneys at Miller and Falkner to protect your rights.

Read more about the accident at the Louisville Zoo.