Dog bites can cause serious injuries and emotional trauma, leading to high medical bills, lost wages, and pain and suffering for the injured victims. In Ohio, victims of dog bites can sue the dog owner or other potentially liable parties for financial damages under the state’s dog bite laws and legal precedents. Make sure you have an experienced Ohio dog bite lawyer on your side to pursue the largest possible compensation for your injuries and losses.
Ohio Dog Bite Law: Statutory and Common Law Liability
Ohio is a “strict liability” state for dog bites. Ohio Revised Code § 955.28(B) states a dog owner is responsible for injuries caused by their dog, regardless of whether the dog has shown any prior aggression or if the owner had knowledge of the dog’s potential to bite. This law provides an advantage to victims because they do not have to prove that the dog owner was negligent; rather, they must show:
- The defendant was the owner, keeper, or harborer of the dog involved in the attack
- The victim was lawfully on the property where the attack occurred
- The bite or injury resulted from the dog’s actions
The statute excludes certain circumstances, such as if the victim provoked the dog or was trespassing on private property, which may limit the dog bite claim or eliminate the liability of the dog owner.
Common Law Negligence
In addition to the statutory route, Ohio dog bite laws also allow dog bite victims to file claims under common law negligence. This requires proving that the owner acted unreasonably in managing their dog, thus leading to the dog bite injuries.
While statutory strict liability cases are generally more straightforward, pursuing a negligence claim can sometimes lead to additional compensation, particularly if the owner’s conduct was especially reckless.
Ohio’s “One Bite” Rule and Its Implications
While Ohio’s strict liability law does not consider the dog’s history of aggression, the “one bite rule” may still play a role in common law claims. This rule implies that if a dog has previously bitten someone, the owner could be considered negligent if they fail to take steps to prevent future incidents.
In practice, strict liability under Ohio statute generally supersedes the need to apply the one-bite rule, making it easier for victims to hold the dog owner liable and seek damages for personal injuries without proving prior incidents.
Additional Dog Bite Regulations in Ohio
Ohio dog bite laws provide several specific regulations related to dog bites that are essential for ensuring the safety of the public and the health of victims.
Quarantine Requirement
One of the key provisions under the Ohio dog bite statute is the quarantine of the dog involved in the incident. The purpose of quarantine is to observe the animal for any signs of rabies, a dangerous viral disease that can be transmitted to humans through bites. According to Ohio Revised Code Section 955.22, the dog must be quarantined for a minimum of 10 days after the bite occurs.
This period is necessary to monitor the dog for any changes in behavior that might indicate rabies infection, as symptoms typically appear within 10 days of exposure. The cost of quarantine is the responsibility of the dog’s owner or harborer. If the dog is found to be rabid during the quarantine period, the owner may face significant legal and financial consequences.
Notification Requirement
Ohio law mandates that any dog bite must be reported to the local health commissioner within 24 hours of the incident. This law ensures that authorities are promptly notified of potential public health risks and can take appropriate action. Both the police and the doctor treating the victim are required to report the bite to the health commissioner as well. However, it’s crucial for the victim to also file a personal report of the incident.
This notification helps authorities track and investigate dangerous animals in the community and initiate any necessary steps to prevent further harm. The health commissioner may use the information to determine if additional measures, such as vaccination of other animals in the area or public warnings, are necessary.
Rabies Testing
If there is any concern that the dog involved in the bite may have rabies, Ohio law mandates rabies testing. The local Board of Health is responsible for ensuring that the dog is tested for rabies. In cases where the dog is deceased, the Board of Health will claim the dog’s body and perform post-mortem rabies testing.
If the dog tests positive for rabies, immediate medical treatment is necessary for the victim. Rabies is almost always fatal if not treated promptly, so the victim may be required to undergo a series of post-exposure rabies vaccinations to prevent infection. These shots are highly effective in preventing the disease if administered early.
Other Potential Defendants in Ohio Dog Bite Claims
Ohio law extends liability for dog bites beyond just the dog owner. Other liable parties may include:
Pet Sitters
If a pet sitter is entrusted with the care of a dog and the dog bites someone, the pet sitter could be held liable for the attack. This is because pet sitters are considered caretakers and are responsible for ensuring that the dog does not harm others while in their custody.
Dog Walkers
Similarly, if a dog walker is in charge of walking a dog and the dog bites someone, the walker could face liability for the injury. Dog walkers are responsible for controlling the dog and preventing harm to others while the dog is outside the home.
Landlords
Ohio law also holds landlords accountable in certain situations, particularly if a dog bite occurs in a common area of a rental property. For example, if a tenant’s dog bites someone in a shared space such as a parking lot, hallway, or lobby, the landlord may be held liable for failing to ensure that the property is safe for visitors and residents. If the landlord was aware of a dangerous dog on the property and failed to take action to prevent injuries, they could be found negligent.
Landlords may also be liable if they fail to enforce pet policies—such as prohibiting aggressive or dangerous dogs—or if they do not take appropriate action when complaints about a dangerous animal arise.
Ohio Dog Classifications: Nuisance, Dangerous, and Vicious
In Ohio, dogs are classified into different categories based on their behavior and potential threat to public safety. These classifications help establish the level of responsibility and legal consequences for the dog’s owner.
Nuisance Dogs
A nuisance dog is considered the least severe of the classifications. A dog is classified as a nuisance if it exhibits behaviors that could cause alarm or concern to the public but do not necessarily pose a serious threat. These behaviors include:
- Being at large (outside of the owner’s property without supervision)
- Chasing or threatening a person
- Attempting to bite a person, but not actually causing harm
While nuisance dogs are not typically subject to severe penalties, the owner may be required to pay for and ensure behavioral training for the dog. This is to prevent the dog from continuing problematic behaviors.
Dangerous Dogs
A dog is considered dangerous in Ohio if it:
- Injures a person, but the injury is not fatal or life-threatening
- Kills another dog
- Has been at large (outside of the owner’s property) three or more times
The owner of a dangerous dog faces stricter responsibilities, including:
- Keeping the dog in a secure pen or fenced-in area to prevent it from roaming
- Obtaining a special tag for the dog, identifying it as dangerous, which must be worn at all times
- Using a muzzle or a six-foot leash when the dog is outside its enclosure
- Acquiring liability insurance to cover any potential dog attacks
- Notifying animal control authorities if the owner moves or the dog changes ownership
Vicious Dogs
The most severe classification in Ohio is for vicious dogs, which pose a significant threat to public safety. A dog is classified as vicious if it has, without provocation, seriously injured or killed a person. If a vicious dog kills a person again, the dog’s owner faces criminal charges, including a felony of the fourth degree. This classification is the most dangerous, and it imposes the strictest legal consequences for the dog’s owner.
Note: Police dogs are not subject to these classifications under Ohio law.
Potential Defenses Dog Owners May Use in Ohio
Ohio law provides certain defenses that dog owners may use to mitigate or avoid liability, including:
- Provocation: If the dog bite was a response to provocation (intentional or unintentional aggression from the victim), the owner may avoid responsibility.
- Trespassing: Dog owners may not be liable if the victim was trespassing on private property at the time of the attack.
- Self-Defense: The owner might argue that the dog was protecting itself or others from perceived harm.
Need for Legal Representation in Ohio Dog Bite Cases
Having an experienced attorney on your side is vital for several reasons:
- Case Evaluation and Strategy: A seasoned attorney can analyze the incident and determine whether a statutory or common law approach is best.
- Negotiating with Insurers: Insurance companies often attempt to settle claims for less than they are worth. An attorney can advocate for fair compensation.
- Proving Long-Term Impacts: Dog bites can have lasting physical and emotional impacts. An attorney can work with medical professionals to document these effects and support claims for future damages.
Choose a Proven Ohio Dog Bite Lawyer to Recover Maximum Damages
If you or someone you love has suffered injuries in a dog bite attack, turn to the experienced Ohio dog bite injury attorneys at The Henry Law Firm. With a client-centered approach, our firm makes sure that you fully understand your case and the legal options available to you. Through evidence-based, aggressive negotiations and proactive trial preparation, our attorneys will fight to recover the compensation you are entitled to.
Don’t suffer the consequences of your dog bite case silently—let The Henry Law Firm provide you with dedicated, compassionate representation to achieve the highest possible compensation for you. To schedule your free consultation, call us at (440) 337-0083 or contact us online.
