Who’s Liable if the Dog Was Not on a Leash?
Dog ownership is a significant responsibility. It includes caring for the animal's well-being and looking out for the safety of others. A common issue that often arises when a dog causes injury or damage is whether the dog was on a leash.
Whether you’re in Ohio or Michigan, understanding who is liable in such cases can often be complicated. At Ronald S. Weiss, Attorney & Counselor, we have extensive experience helping our clients understand state liability laws and determine their next steps.
Located in West Bloomfield, Michigan, and Toledo, Ohio, we serve clients throughout both states. Below, we provide an overview of dog leash laws in Michigan and Ohio, as well as how liability is determined when a dog is off-leash.
How Liability Is Determined If a Dog Was Not on a Leash
Leash laws play a critical role in determining liability for dog-related injuries, specifically whether the dog owner or handler may be held responsible for damages. Both Ohio and Michigan have specific laws that govern leash usage and how they impact liability.
Ohio Leash Laws and Dog Owner Liability
Ohio is considered a "strict liability" state when it comes to dog bites and injuries. According to Ohio Revised Code § 955.28, dog owners are responsible for injuries or damages caused by their dog, regardless of whether the dog has a history of aggression or biting.
This means that even if the dog has never displayed dangerous behavior before, the owner may still be held liable for harm caused to another person or their property.
However, it's more complicated when the dog is off-leash. Ohio requires owners to keep their dogs under reasonable control at all times. Many local municipalities in Ohio also have specific leash laws that require dogs to be leashed in public spaces unless otherwise designated, such as in off-leash dog parks.
Failure to properly restrain a dog, particularly in public spaces, could bolster a claim against the owner for financial compensation, including medical expenses, pain and suffering, and lost wages.
Michigan Leash Laws and Dog Owner Liability
Michigan law also holds dog owners accountable under a "strict liability" system, as outlined in Michigan Compiled Laws § 287.351. If a dog bites or injures someone without provocation, the owner is liable, regardless of the dog's prior behavior or its history of aggression.
Michigan municipalities may also enforce their own leash ordinances, requiring dogs to be properly restrained in public areas. If a dog was not on a leash at the time of an incident, the owner's failure to comply with these local leash laws can further solidify their liability.
By understanding these leash laws, potential victims and dog owners can better understand their rights and responsibilities in the event of an injury. If you've been injured by a dog, consult an experienced attorney as soon as possible.
Exceptions to Liability in Ohio and Michigan
Although both Ohio and Michigan have strict liability laws for dog bites, there are some limited exceptions where the owner may not be held responsible. Some common examples where the dog owner could be exempt from liability include:
If the injured person provoked the dog by teasing, tormenting, or abusing it
If the injured individual trespassed on the owner’s property without permission
However, these exceptions typically do not cover violations of leash laws. If a dog was off-leash in a public area where leash laws are in effect, the owner may still face fines or other legal consequences for failing to abide by local regulations.
The Role of Comparative Negligence
Ohio and Michigan follow a comparative negligence rule. Under this rule, if the injured party’s actions were found to have contributed to the incident, they could arguably be held partially liable, and their compensation could be reduced based on their percentage of fault. This is the exception rather than the rule for most dog bite cases as the bottom line is that the dog owner is responsible for the actions of his or her dog.
If the dog owner allows the dog to be in public without the use of a leash, they make it significantly more difficult for themselves to claim the incident was by anything other than their own actions. Again, with strict liability, we start with the idea that the dog owner is responsible.
What to Do If You’re Injured by an Off-Leash Dog
If you’ve been injured by a dog that was not on a leash, there are some important steps you should take to protect your rights. First, seek medical attention immediately, even if the injury does not seem severe. Injuries that are left untreated could lead to complications such as infections, so it’s crucial to get evaluated by a professional and obtain a copy of the medical record.
Next, document the incident. This may include taking photos of your injuries, noting the location of the incident, and gathering contact information from any witnesses. If the dog owner is present, exchange information with them and ask for proof of rabies vaccination. Be sure to contact local law enforcement to create an official report of the incident.
Lastly, contact an experienced attorney who can help you understand your options. Dog bite claims and leash law violations can be legally intricate, and having knowledgeable representation can make all the difference.
Consult an Experienced Attorney Today
Dog bites can be serious injuries, and both Ohio and Michigan have strict laws regarding liability for such incidents. Dog owners are required to adhere to the leash laws of their state, and when they fail to do so, it’s important to take action to hold them accountable. If an off-leash dog has bitten you or someone you know, contact an experienced dog bite attorney today.
At Ronald S. Weiss, Attorney & Counselor, we recognize the challenges that can arise from injuries caused by off-leash dogs. Located in West Bloomfield, Michigan, and Toledo, Ohio, we are experienced in helping our clients pursue compensation for dog bite injuries. Contact us today to schedule an initial consultation.