Who Is Liable for a Dog Bite in Ohio?
Dog bites are often traumatic incidents that leave victims with physical injuries, emotional distress, and financial burdens. When it comes to determining liability in a dog bite case, Ohio follows strict laws that can help hold the at-fault party accountable.
At Ronald S. Weiss, Attorney & Counselor, we are dedicated to helping clients in Ohio pursue justice and obtain fair compensation after a dog bite incident. We aim to help our clients understand Ohio's laws for dog bite liability and the steps they can take to protect their rights.
Ohio Dog Bite Laws
According to Ohio Revised Code Section 955.28(B), dog owners, harborers, or keepers are held strictly liable for any injuries or damages caused by their pets. This means that regardless of whether the owner knew their dog had aggressive tendencies, they can be held responsible for any harm caused by their pet.
This strict liability doctrine ensures that victims can recover compensation without having to demonstrate the owner's intent or knowledge of the dog's behavior. However, it also places a significant responsibility on dog owners to maintain control of their pets at all times and take necessary precautions to prevent injuries.
Who Can Be Held Liable?
In Ohio, the dog's owner, harborer, or keeper can be held liable for a dog bite incident. This definition is broad and includes not only the legal owner but also anyone who has control over the dog. It could be a family member or friend who is temporarily taking care of the dog or even a dog sitter.
Ohio law identifies three primary parties who may be liable in a dog bite case:
Dog owners: The primary responsibility lies with the owner of the dog. Owners are held accountable for injuries inflicted by their dog, even if the dog had never previously displayed signs of aggression.
Dog harborers: A harborer is someone who provides shelter or control over a dog, even if they do not legally own the animal. For example, a landlord who allows tenants to keep a dangerous dog on the property may be considered a harborer in certain situations.
Dog keepers: A keeper is an individual who has physical custody or control of a dog at the time of the incident. This can include dog walkers, pet sitters, or neighbors temporarily watching a dog.
Additionally, if a business establishment allows dogs on their premises, such as a pet store or outdoor dining area, they may also be held liable for any injuries caused by those dogs. However, landlords are generally exempt from liability unless they have knowledge of the dog's vicious tendencies and fail to take action.
Exceptions to Ohio Strict Liability for Dog Bites
While Ohio's strict liability laws provide strong protections for victims, there are certain defenses that dog owners and their attorneys may use to avoid liability. These include:
Trespassing: If the victim was unlawfully on the property where the dog bite occurred, the owner may not be held liable. For example, if someone entered a fenced yard without permission and was bitten by the dog, the owner may argue that the victim was trespassing.
Provocation: A dog owner may also avoid liability by proving that the victim provoked the dog. Provocation can include physical acts such as hitting or teasing the animal, or behaviors perceived by the dog as threatening.
Engaging in a criminal offense: If the victim was committing a criminal offense, such as burglary or vandalism, at the time of the attack, the owner may have a valid defense against liability.
These defenses demonstrate the importance of gathering evidence and presenting a strong case to counter any claims of trespass, provocation, or wrongdoing by the victim.
Comparative Negligence for Dog Bites
Ohio also follows a modified comparative negligence scheme when it comes to dog bites. This means that if a victim is found partially at fault for the incident, their compensation may be reduced by their percentage of fault.
For example, if a victim is 20% at fault for provoking the dog and sues for $10,000 in damages, they may only receive $8,000 in compensation.
Steps to Take After a Dog Bite Incident
Taking immediate action after a dog bite incident can have a significant impact on your ability to recover compensation. Following specific steps can help protect your rights and help you build a strong case:
Seek medical attention: Your health and safety should always be the top priority. Even if your injury appears minor, get evaluated by a medical professional as soon as possible. Medical care can help prevent infection and document your injuries.
Identify the dog and its owner: If possible, obtain the name and contact information of the dog's owner. Be sure to identify any witnesses who might be able to provide statements about the incident.
Report the incident: File a report with your local animal control agency or law enforcement. This creates an official record of the attack and may help with supporting a claim for compensation and preventing future incidents involving the same dog.
Document your injuries: Take photographs of your injuries, medical treatments, and any damages related to the dog bite. Keep records of all medical bills, lost wages, and other financial losses, as these will be essential for pursuing compensation.
Contact an experienced attorney: Filing a dog bite claim on your own can be challenging, especially if the responsible party disputes liability. A qualified attorney can help you understand your legal options and ensure that you receive fair compensation for your injuries.
Consult an Experienced Attorney
Dog bite incidents can have far-reaching physical, emotional, and financial consequences. If you or a loved one has been injured in a dog attack, it is crucial to seek legal representation as soon as possible.
At Ronald S. Weiss, Attorney & Counselor, we are skilled in leveraging Ohio's dog bite laws and we have extensive experience advocating for victims’ rights.
We are dedicated to making sure those responsible for your injuries are held accountable and that you receive the justice you deserve. Located in Toledo, Ohio, we serve clients throughout Ohio and Michigan. Contact us today to schedule a free consultation.