Ohio Dog Bite Law Basics - A Strict Liability Law

Ohio dog bite law is one of the most thorough and favorable laws for victims of Ohio dog bites.  The Ohio dog bite law is considered to be a strict liability statute.  Also, any injury caused by an animal is covered by the Ohio law.

In other words, Ohio dog bite law makes an Ohio dog owner responsible for any damage caused by his or her dog.

The Ohio dog bite statute (Ohio Revised Code 955.28) states:

The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property. 

Elements of an Ohio Dog Bite Claim

The two key elements necessary to prove an Ohio dog bite claim are:

1. That the defendant was the owner of the dog in question, and
2. That a dog bite occurred.

Although sometimes difficult, the Ohio dog owner usually can be identified with licensing and vaccination records, as well as the testimony of witnesses.  In most Ohio dog bite cases, the second element can be established with photographs, medical records, witness statements or other evidence that the dog caused substantial physical harm.

Many people believe that "every dog is allowed one bite.”  This is simply not true under Ohio dog bite law.  A dog’s “good behavior” before an attack does not shield the dog owner from responsibility.

Provocation Defense

One of the frequently asserted defenses is provocation.  Even in Ohio, it is common for an insurance company to assert that a child in some manner "provoked" the dog and is actually responsible for a resulting bite.  However, this assertion is almost always incorrect. 

Ohio Statute of Limitations

The Ohio dog bite law allows an Ohio dog bite victim to take legal action against an Ohio dog owner for up to 2 years from the date of the incident.  Nevertheless, it is not wise to delay.  Instead, seek immediate legal help, if you or a loved one was the victim of a dog bite in Ohio. 

In some situations, the dog bite victim has additional time to file a claim.  The most common example is children.  As a legal minor, a child bitten by a dog has until his or her 20th birthday to start formal legal proceedings.

However, waiting is not in the child’s best interest.  A parent or legal guardian should get immediate legal assistance, to pursue the claim on the child’s behalf. 

Value of a Ohio Dog Bite Case

Determining the value of a dog bite claim is a complicated matter.  Before an attorney can engage in serious negotiations regarding settlement, it is important to assess the degree of long lasting damage.  It may strengthen a claim to wait for a few months to determine the extent of any permanent scarring.  An Ohio personal injury attorney can advise you on the best way to proceed.

If you or a loved one suffered a serious injury as a result of an Ohio dog  bite, talk with a dedicated Ohio dog bite lawyer.  Please submit a simple, free and confidential legal consultation form now.