BENNINGFIELD EX REL. BENNINGFIELD v. ZINSMEISTER

No. 2009-SC-000660-DG.

367 S.W.3d 561 (2012)

Brandon BENNINGFIELD (By and Through his Mother and Next Friend, Laurie BENNINGFIELD), Appellant, v. Helen ZINSMEISTER, Deceased; and Wade Zinsmeister, Appellees.

Supreme Court of Kentucky.

As Modified June 25, 2012.


Attorney(s) appearing for the Case

Vanessa B. Cantley , Bahe, Cook, Cantley & Nefzger, PLC, Louisville, KY, Counsel for Appellant.

Douglas Bruce Taylor , Taylor Law Office, Louisville, KY, Counsel for Appellees.


Opinion of the Court by Justice NOBLE.

Under Kentucky's dog-bite liability statutes, KRS 258.095 and .235, the owner of a dog is strictly liable for damages caused by the dog. This case presents the questions whether a landlord can be liable under the statutory scheme's broad definition of "owner" and whether that liability can extend to injuries caused by a tenant's dog off the leased premises. We hold that a landlord can be the owner of a tenant's dog for the purposes...

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