Framework of Dog Bite Laws in Ohio
The legal framework surrounding dog bite attacks is contained within Ohio’s Revised Code and the common law. Traditionally, these laws impose a duty upon pet owners to exercise reasonable care and to prevent injuries to others, including guests who visit or passersby on their property. Broadly speaking, Ohio law recognizes four possible claims in connection with a dog bite or animal attack: (1) strict liability, (2) negligence per se, (3) common law strict liability, and (4) negligence. Together, these four categories cover the vast majority of dog bite encounters in Ohio. The following is a basic overview of applicable Ohio law.
Strict Liability
Under Ohio law, an owner of a domestic animal or a person harboring a domestic animal is strictly liable for any injury caused by the animal. See R.C. 955.28(B)(1). Domestic animals include dogs, cats, and livestock. Strict liability under R.C. 955.28(B)(1) applies only to domesticated animals, and not to wild animals or persons harboring wild animals. "Harbor" means housing, feeding, grooming, providing mercantile services, walking, pet sitting, and doing similar acts. The mere presence of a stray dog on your property does not constitute harboring. Even if the owner of the dog that causes the injury has not been identified, the injured party may still recover damages under this law against the person harboring the stray dog.
Negligence Per Se
Ohio law classifies a variety of criminal acts as violations of specific laws that apply to animals, including dogs . Certain violations of these laws, if committed by an owner, trainer, kenneler, possessor, harborer, or other person in charge of an animal, can give rise to a cause of action for negligence per se. As such, the violation of a statutory duty owed to an injured plaintiff gives rise to civil liability in addition to criminal sanctions.
Common Law Strict Liability
Ohio common law allows a party injured by an animal owned in violation of a criminal law to recover damages from the animal’s owner. Thus, even if the evidence shows that the animal’s owner was not negligent, the injured party may still be entitled to compensation for his or her injuries. Common law strict liability applies to dogs, cats, and other domestic animals. A violation of law need not have occurred. While such a law exists under the Ohio Revised Code, a plaintiff also has the option of proceeding under common law strict liability.
Negligence
Even if the owner of a dog properly possesses the animal, the dog owner may still be held liable if there is evidence of negligence. Ohio law imposes a duty upon all people to exercise ordinary care, pursuant to Ohio Revised Code sections 3701.25 (Dangerous Dog) or 955.11 (Barking Dog). A dog owner who fails to adequately restrain his or her pet may be liable for injuries caused by that animal. Ohio courts have ruled that unattended travel of defined distances, which include areas outside a grocery store, pharmacy, gas station, and school, are subject to ordinary negligence duties owed to customers, guests, invitees, and onlookers.
Liability and Compensation for Dog Attack Victims
When determining liability in dog bite incidents in Ohio, the facts of each specific case can vary greatly. In general, however, what most dog bite attacks come down to is whether the dog’s owner had the knowledge of the animal’s propensity to cause injury or harm to others. For example, if you have been bitten by a dog in the past, that animal’s owner may be liable for injuries you sustained as a result of the attack. Or, if the dog that attacked you had previously been involved in another dog bite incident, its owner could be held liable for your injuries and other damages resulting from the dog bite.
However, it is not always so clear cut. If the dog that bit you is one with no prior history of aggressive behavior, then the dog’s owner may not be held liable for your injuries. A dog bite victim in Ohio may only file an injury claim against the dog’s owner if he or she has a history of aggressive behavior and known propensity to cause harm to others. Evidence that the owner knew about the dog’s aggressive nature prior to the attack can include documentation of past dog bite incidents and bites sustained by others. In addition, the dog may have received training or treatment for aggressive conduct. In many cases, witness testimony is also required in order to prove that the dog was unreasonably dangerous.
Still, the victim of a dog bite in Ohio has the right to pursue monetary damages for the harm suffered. Monetary damages may include compensation for medical expenses, lost wages or employment, emotional or psychological trauma, physical limitations or disabilities, scarring, infections, and other consequences of the injuries sustained. In addition, the dog bite victim has the right to recover attorney’s fees.
Defense Strategies in Dog Bite Cases
While the majority of dog bite claims are discoverable and carry a certain legal weight, the animal owner might find himself with a few key defenses that lessen his potential liability. The first is that of provocation. The Ohio Revised Code Section 955.22 states that a dog owner is not liable if the victim allegedly provoked the animal. For instance, if the injured individual deliberately antagonized the animal prior to the attack, thereby triggering a reaction, the animal owner is not legally responsible for the injuries sustained on the basis that the dog was merely reacting to an act of provocation. This also includes physical strikes made to the animal as well as other acts of harm including spitting or throwing objects at it. Most courts will determine whether the actions of the person were intended to provoke the animal, thus leaving the owner without liability, therefore demonstrating that the action may have been reckless enough to elicit a reaction. In this situation, common law principles also apply and the potential victim would have to present evidence that the dog was an immediately dangerous domestic animal, further demonstrating that he had no reason to be on the property where it was located at the time of injury. The animal owner could also state that the injury was the result of the victim’s trespassing on private property. Even though a dog inflicted the injuries in this situation, the law also assumes that individuals are aware of the potential danger of being confronted with a dangerous dog while on private property. This may even be proven due to the presence of "beware of dog" signs on the property to demonstrate the knowledge of the presence of the animal.
How to Proceed Legally After a Dog Bite
As an initial step, it is vital that the victim of a dog bite incident seeks medical treatment for any injuries they may have sustained. While this may seem like a no-brainer, many people who have been bitten by a dog fail to seek immediate medical intervention for their injuries. While this is not an issue if the person does not have injuries requiring treatment, if the victim does in fact have injuries that require medical treatment and fails to seek treatment, this can have a negative impact on a future personal injury claim.
Once appropriate medical treatment has been received, there are additional steps that should be taken in the aftermath of a dog bite. Whether you are an individual injured by a dog bite or a friend or loved one of a victim, consider performing the following steps in the wake of a dog bite: Lastly, in the aftermath of a dog bite, seek the counsel of an experienced personal injury attorney. Ohio personal injury attorneys are available to assist you both with pursuing an injury claim against the dog’s owner and ascertaining whether you have any potential claims against the person who is charged with the care of the dog.
Dog Bite Statute of Limitations
When pursuing a dog bite claim, the State of Ohio imposes strict time limits within which the dog bite victim may file a lawsuit. The statute of limitations for a personal injury claim is two years in Ohio. For dog bite claims, the injured dog bite victim must file a lawsuit within two years from the dog bite incident date. If not pursued within two years , the law will effectively bar the injured dog bite victim from any recovery of his or her damages caused by the dog bite attack. If a lawsuit is not timely filed and an auto accident occurs, then the injured party will be barred from recovering his or her damages against the at-fault party. This is known as the Statute of Limitations.
Prevention and Responsible Pet Ownership
Responsible pet ownership is the first step in protecting both your pet and the public from the dangers of dog bites. While all dogs may have the potential to bite, most never will if they’re given the right environment and the proper training and socialization. There is no "bad" dog; however, there are bad owners that may encourage, condone or neglect aggressive behavior in their pets.
In order to avoid a dog bite in Ohio, it’s important to consider the following when purchasing or adopting a dog: Most dogs, regardless of their size or temperament, benefit from early socialization and obedience training. This is especially important for all puppies, as they learn basic behavioral cues through play and interaction with other dogs. As they continue to grow, dogs should spend time in various social settings in order to expand their social comfort zone. This includes interacting with people (of all ages, sizes, shapes and genders), other animals (dogs, cats, reptiles, etc.) and a variety of environments (large crowds, gatherings, busy streets, outdoor and indoor spaces), with careful supervision.
It is equally important to note that, in order to prevent a dog bite, owners should follow local animal control regulations that require their pets to have vaccinations and licenses. Vaccinations against rabies are required in all states and many localities, for instance, to ensure that all pets remain healthy and pose little danger to the public. Animals that bite humans or other animals must be reported to animal control for testing, so that any potentially serious health concerns can be addressed without delay.
Legal Resources and Support for Dog Attack Victims
In Ohio, those who have been attacked by dogs have a number of options for support and legal assistance. The following organizations can provide additional information regarding treatment of dog attacks, emotional recovery, and pursuit of legal action.
The American Kennel Club (AKC) is a helpful resource for information regarding Ohio dog laws and dog bite prevention. This organization also offers information on what to do after a dog bite, including medical recommendations and emotional support.
The Ohio Veterinary Medical Association provides contact information for licensed veterinarians throughout the state. For those whose pets have experienced a dog bite, consider contacting a veterinarian for assistance with the injury.
The American Society for the Prevention of Cruelty to Animals (ASPCA) is a non-profit organization that is dedicated to providing support for victims of animal attacks , cruelty, or other. The organization provides resources for finding a lawyer specializing in dog bite cases and offers forums for victims to connect and share information.
The National Center for Victims of Crime is a non-profit organization with a mission to support victims of a wide range of crimes, including dog attacks. Those who have suffered injuries for bites from a companion animal are encouraged to look into the organization’s resources for counseling and support.
Attorneys experienced in Ohio dog bites understand how severely injured victims may need support following an attack. The organizations listed above can help victims and their families find the medical, emotional, and legal support they deserve.