Suing for a Dog Bite in Ohio

Ohio Dog Bite Law: Suing for Damages

Yes, victims of dog bites can sue the dog's owner, keeper, or harborer for damages in Ohio. Ohio operates under a "strict liability" law, specifically outlined in Ohio Revised Code § 955.28(B). This legal framework is advantageous for victims, as it simplifies the process of establishing liability.

Under strict liability, the dog owner is generally held responsible for injuries caused by their dog. This responsibility applies regardless of whether the dog had a history of biting or if the owner was negligent in controlling the animal. According to Source 2, victims do not have to prove that the dog owner was negligent. Instead, they must demonstrate: * The defendant was the owner, keeper, or harborer of the dog. * The victim was lawfully on the property where the attack occurred. * The bite or injury resulted from the dog’s actions.

This means you do not need to prove the owner knew the dog was dangerous. The mere occurrence of the bite, under specific conditions, is often sufficient to establish liability.

Key Takeaways for Victims

Understanding Ohio's dog bite laws is crucial for anyone who has suffered an injury. These laws provide clear pathways for seeking compensation.

Strict Liability Advantage

Ohio's strict liability statute offers a significant advantage to victims. Unlike some other states, you do not need to prove that the dog owner was negligent in controlling their animal. This makes it easier to establish liability and pursue a claim for damages. According to Source 2, "This law provides an advantage to victims because they do not have to prove that the dog owner was negligent."

No "One-Bite Rule" Requirement

A common misconception is the "one-bite rule," which suggests an owner is only liable if their dog has bitten before. Ohio's strict liability law, codified in ORC 955.28(B), explicitly states that prior incidents are not necessary to establish responsibility (Source 3). This means you do not need to show the dog had bitten anyone previously for the owner to be held accountable. Source 5 notes that while Ohio "operates under a 'one-bite rule'," this refers to a common law negligence claim, not the strict liability statute. Under the strict liability statute, prior aggression is not a defense.

Broad Coverage

Ohio's dog bite statute applies broadly to incidents where a dog causes injury. This includes harm to a person, another domestic animal, or property. This comprehensive coverage ensures that various types of losses can be addressed through legal action.

Lawful Presence

For the strict liability statute to apply, the injured party must have been lawfully present at the location where the bite occurred. This includes public spaces and private property where the victim was an invited guest, a postal worker, or a service employee (Source 3). Trespassers, however, are generally not protected under this specific statute.

No Provocation or Crime

The statute excludes certain circumstances that may limit or eliminate the dog owner's liability. If the victim provoked the dog or was committing a crime at the time of the incident, their claim might be affected (Source 2). It is essential that the victim was not trespassing, committing a crime, or provoking the dog (Source 1).

Steps After a Dog Bite

Immediate and thorough action after a dog bite is crucial for both your health and any potential legal claim. Following these steps can help protect your rights and strengthen your case.

Seek Immediate Medical Attention

Your health is the top priority. Even if injuries appear minor, a dog bite can lead to serious infections or other complications. Seeking prompt medical care ensures proper treatment and creates official documentation of your injuries, which is essential for any legal claim (Source 5).

Report the Bite

Contacting local animal control or law enforcement is an important step. Reporting the incident creates an official record and can trigger investigations into the dog's vaccination status and history. This documentation can be valuable evidence in a lawsuit.

Identify the Dog and Owner

Gather as much information as possible about the dog and its owner. This includes the owner's name, address, phone number, and details about the dog (breed, name, distinguishing features). If the owner is uncooperative, law enforcement or animal control may be able to assist.

Document Everything

Thorough documentation is critical for any legal claim. Keep detailed records of every aspect of the incident and its aftermath.

• Dates, Times, and Location: Note the exact date, time, and precise location where the incident occurred.
• Photos: Take clear photographs of your injuries from multiple angles, the dog (if it's safe to do so), and the scene of the bite. These visual records can be powerful evidence.
• Witness Information: Collect the names and contact information of any witnesses. Their statements can provide valuable support for your case (Source 5).
• Medical Records: Keep all medical records, including doctor's notes, hospital bills, prescription receipts, and any documentation of follow-up care.
• Other Expenses: Document any other expenses incurred due to the bite, such as lost wages, transportation costs for medical appointments, or damaged clothing.

Avoid Discussing Fault

It is crucial to avoid discussing fault or minimizing your injuries with the dog owner or their insurance company. Any statements you make could potentially be used against you later. Stick to the facts of the incident without admitting blame.

Consult an Attorney

Navigating Ohio's dog bite laws can be complex. An experienced Ohio dog bite lawyer can provide invaluable guidance throughout the legal process. They can help you understand your rights, gather necessary evidence, negotiate with insurance companies, and work to maximize your compensation (Source 2).

Potential Damages & Compensation

Victims of dog bites in Ohio can pursue compensation for a range of damages resulting from their injuries. These damages aim to cover both economic and non-economic losses.

Medical Bills

This category includes all past and future medical expenses related to the dog bite. This can encompass emergency room visits, doctor's appointments, surgeries, medications, physical therapy, and any ongoing medical care required due to the injuries. Dog bites can cause serious injuries and emotional trauma, leading to high medical bills (Source 2).

Lost Wages

If your injuries prevent you from working, you may be able to recover compensation for lost wages. This includes income you have already lost and future income you are expected to lose due to your inability to work or a reduced earning capacity.

Pain and Suffering

This is a non-economic damage that compensates for the physical pain and emotional distress caused by the dog bite. This can include discomfort, inconvenience, and the overall impact on your quality of life.

Emotional Trauma

Dog bites can lead to significant emotional and psychological trauma, including anxiety, fear, post-traumatic stress disorder (PTSD), and phobias. Compensation for emotional trauma addresses these non-physical impacts.

Property Damage

In some cases, a dog bite incident may also result in damage to personal property, such as torn clothing, eyeglasses, or other items. You can seek compensation for the cost of repairing or replacing these damaged items.

Limitations & Defenses

While Ohio's strict liability law generally favors dog bite victims, there are specific circumstances and defenses that can limit or eliminate the dog owner's liability. Understanding these limitations is important for both victims and owners.

Trespassing

If the injured party was unlawfully on the property where the dog bite occurred, the dog owner may not be held liable under the strict liability statute. Ohio Revised Code § 955.28(B) specifically requires the victim to have been lawfully present (Source 2, Source 3). This means individuals who are trespassing generally cannot use the strict liability law to seek compensation.

Provocation

Intentionally provoking a dog can also serve as a defense for the owner. If the victim's actions directly led to the dog biting, the owner's liability may be reduced or eliminated. The statute excludes circumstances where the victim provoked the dog (Source 2).

Committing a Crime

If the individual bitten by the dog was in the act of committing a crime at the time of the incident, the dog owner may not be held responsible. The law does not protect individuals who are engaging in illegal activities when they are bitten (Source 1).

Police Dogs

Suing for a bite from a police dog is significantly more complex than cases involving privately owned dogs. Police dogs are often considered "tools" of law enforcement, and their use is generally protected under specific circumstances (Source 4). These cases involve different legal standards and often require proving excessive force or other violations of civil rights, making them more challenging to pursue.

When to See a Vet (for your dog, if involved)

If your own dog was involved in an incident and sustained injuries from another dog, seeking immediate veterinary care is essential.

Prioritize your dog's health by getting them examined by a veterinarian as soon as possible. Even seemingly minor injuries can be serious, and prompt treatment can prevent complications.

It is crucial to document your dog's injuries and all aspects of their treatment. This includes veterinary records, diagnoses, treatment plans, and all associated bills and receipts. These records will serve as vital evidence if you decide to include your dog's medical expenses as part of your overall claim for damages. This documentation helps establish the extent of the harm and the financial impact it had on you.