Can a Landlord Be Liable for a Tenant’s Dog Bite in Kentucky?

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Can a Landlord Be Liable for a Tenant’s Dog Bite in Kentucky?
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Last Modified on Oct 26, 2026

Can a Landlord Be Liable for a Tenant’s Dog Bite in Kentucky?

Getting bitten is scary, and finding out the dog belongs to a renter while someone else owns the building makes it more confusing. A landlord can be liable for a tenant’s dog bite in Kentucky, but it generally depends on what the landlord knew, what the landlord could control, and what the lease allowed.

The rules changed in 2017 and got a fresh look from the Kentucky Supreme Court in 2025, so some older explanations may be out of date.

The Schafer Law Office in Louisville has represented injured Kentucky residents for more than 30 years, and Mike Schafer worked at an insurance defense firm before opening his own practice. If you’d like to talk through what happened, a free consultation may be a good first step.

What You Need to Know

  • Kentucky’s dog bite law makes a dog’s owner responsible, even if the dog never bit anyone before.
  • Since 2017, a landlord who rents out a property and lives elsewhere generally isn’t treated as the owner.
  • A negligence claim against a landlord can still move forward, as the Kentucky Supreme Court confirmed in 2025.
  • Notice and control carry the most weight, meaning what the landlord knew and what the landlord could change.
  • Kentucky generally allows one year to file an injury lawsuit.

If a tenant’s dog hurt you, The Schafer Law Office offers a free consultation to talk through your options.

Is a Landlord the Owner of a Tenant’s Dog in Kentucky?

Generally, no. Since 2017, the definition of owner in Kentucky Revised Statutes (KRS) 258.095 reaches a landlord only in narrow situations, and a landlord who rents out a property and lives somewhere else usually isn’t one of them. A 2012 Kentucky Supreme Court ruling had gone further, and lawmakers narrowed the wording afterward. That leaves negligence, which asks whether the landlord was careless.

When Can a Landlord Be Negligent for a Tenant’s Dog Bite?

A landlord can be negligent when the landlord knew about a dangerous dog and had the power to act. This premises liability claim differs from strict liability because the injured person has to show the property owner fell short of a reasonable standard of care.

Notice: What the Landlord Knew

Notice often shows up on paper, such as complaints from neighbors, an earlier bite report, or emails to a property manager.

Control: What the Landlord Could Change

A landlord generally has more say over common areas like yards, hallways, and parking lots than over the inside of a tenant’s unit. Control also covers the steps a landlord could take, such as enforcing a pet policy or fixing a broken gate.

Mike worked at an insurance defense firm before opening his own practice, so he’s familiar with how insurers look at what a landlord knew about a dog and what the landlord did about it.

What Did Deramos v. Anderson Communities Change?

In February 2025, the Kentucky Supreme Court ruled that a tenant’s negligence claim against a landlord can go forward even when strict liability doesn’t apply. In Deramos v. Anderson Communities, a Louisville tenant and her Shih Tzu were attacked in a shared area by a dog she said was a restricted pit bull. The justices returned the case to the Jefferson Circuit Court without deciding who was at fault. The facts of each building and incident still matter.

If you’re not sure where to start, a free consultation with The Schafer Law Office may help you understand your options.

How Can a Lease Affect a Tenant’s Dog Bite Claim?

A lease can show what a landlord allowed, what the landlord banned, and how much control the landlord kept. A pet policy or breed restriction may serve as evidence of what the landlord knew, but a lease doesn’t create liability on its own. A clause making the tenant responsible for the dog generally doesn’t bind a visitor who never signed it. Federal guidance from HUD also treats assistance animals differently from pets, which may limit what a landlord could do. If you were hurt, ask for the lease and any pet policy early.

What Should You Do After a Dog Bite at a Rental Property?

Start with medical care, then protect the details while they’re fresh.

  1. Get medical care and keep every bill, chart note, and photo of the injury.
  2. Report the bite to Louisville Metro Animal Services at 502-473-PETS and to the Louisville Metro Department of Public Health and Wellness, which handles bite reports and rabies control.
  3. Write down the names of the tenant, the landlord, and any property manager, plus where the bite happened.

Kentucky generally allows one year to file an injury lawsuit under KRS 413.140, and a landlord dog bite attorney can review what you’ve gathered well before that deadline gets close.

Frequently Asked Questions About Dog Bite Law

Can I sue both the tenant and the landlord?

Yes, an injury claim can name more than one party. In Benningfield v. Zinsmeister, a 2012 Kentucky Supreme Court case, a boy’s mother sued both the dog’s owner and the landlords. A lawyer can look at who may be responsible and which insurance policies could apply.

What if the dog bit me away from the rental property?

A claim against the landlord gets harder. The 2012 Benningfield ruling limited landlord liability under the old rule to bites on or immediately next to the premises, and negligence still requires the landlord to have had some control over the place where you were hurt. If that’s your situation, gather the dog owner’s name and address first.

What if the landlord lives in the same building?

That can change the answer. The 2017 rule treats a landlord as an owner when the landlord both owns and occupies the property, and the Kentucky Supreme Court repeated that point in Deramos. A duplex where the landlord lives in one unit may be an example, so it’s worth sharing who lives where when you talk with a lawyer.

Could a property management company be responsible too?

It may be. The company in Deramos, Anderson Communities, both owned and managed the apartment complex, and a negligence claim looks at whoever had control and knew about the problem. Emails with a manager or the company’s complaint records may help show who that was.

The Schafer Law Office: Your Louisville Personal Injury Law Firm

Getting bitten on rental property leaves you with medical bills and a pile of questions about who answers for them, and the answer often sits in paperwork you haven’t seen yet, like the lease, the pet policy, and old complaints about the dog.

Mike Schafer worked at an insurance defense firm before opening his own practice, and he’s seen how quickly those records can shape a claim.

If you’d like someone to look at what you have, Contact our firm today and we can talk through where your situation may stand (and what it could be worth).

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