In Ohio, dog owners are generally held strictly liable for injuries caused by their dogs. According to Ohio Revised Code Section 955.28(B), the owner or keeper of a dog is liable for any injury, death or loss to a person or property caused by the dog, meaning dog bite victims don’t need to prove the owner was negligent in order bring a successful claim.
However, there are some exceptions to this strict liability rule:
Trespassing: If the injured person was trespassing or committing a criminal act on the dog owner’s property, the owner may not be liable for the injuries caused by the dog.
Teasing, tormenting or abusing the dog: If the injured person intentionally provoked the dog, the owner may not be liable for the injuries caused by the dog. This particular exception is a common defense for dog owners. Intent doesn’t necessarily matter when it comes to provoking a dog, but you should speak with an attorney for specific information on your situation.
Dog owners have a responsibility to keep their pet under control and to ensure that it does not cause harm to another person. When this duty is breached and someone is injured, the dog owner may be held liable for the injuries caused by their pet. A vital part of homeowners insurance is bodily injury liability coverage (unless your policy has exclusions pertaining to pet attacks).
If you or someone you love has been bitten by a dog, it’s important to seek legal representation from experienced dog bite injury lawyers.
The Buckeye Law Group offers free case evaluations and legal representation after a dog bite incident. Our experienced attorneys can help you determine if you have a case and will fight to get you the compensation you deserve.
Children can pose a complicating factor in dog bite cases. Provoking a dog bite is usually a valid defense against these claims, but like many states Ohio has attractive nuisance doctrine. Property owners may be liable for injuries to children who are attracted to and subsequently injured by a hazardous condition or object on their property. The idea behind this doctrine is that children may not fully understand the risks associated with certain hazards, so property owners should take extra precautions to prevent injuries.
When the Ohio Supreme Court established the doctrine, some of the requirements for owner liability were that owners created an “artificial condition” on the property that posed an unreasonable risk for injury or death and that those conditions would be potentially attractive to children.
A common argument is whether a dog meets the “artificially created” definition of an attractive nuisance. Living pets aren’t exactly the same as an improperly fenced pool, abandoned vehicle, machinery or a refrigerator.
If the dog owner disputes the dog bite, it’s usually in the form of alleging you provoked the attack or were trespassing. By its nature, strict liability law and assumed viciousness of dogs in Ohio means that in nearly any scenario where it can be proven you were bitten by a dog, the owner will be liable unless those exceptions were present factors.
A common factor that can complicate dog bite claims is a lack of clear evidence of what happened prior to the attack. This is one of the reasons its so important to get medical attention immediately after suffering any kind of dog bite. Also take pictures of the injuries, damaged clothing or any other evidence that may be useful in establishing what happened.
Failing to receive fast medical attention may call into question the source of your injuries and when they occurred, which may make it easier for the insurance company to dispute your version of events. Other evidence, like security camera footage, can be invaluable in clearly showing exactly what happened when the bite occurred.
Are you unsure what to do after a dog bite? Was it a friend or neighbor’s dog who bit you and you don’t want to create a rift? Consider speaking with a personal injury attorney at the Buckeye Law Group. Our Cincinnati lawyers have experience in dog bite cases and understand how unpleasant and awkward these situations can be – but it is vitally important that you recover the funds you need to heal and move on with your life.
Call us at 1-800-411-PAIN to discuss the specific of your case. Consultations are always free and confidential.