If you get bitten by someone else’s dog, you’ll likely have a few questions flooding your mind:
Is this serious?
Do I need to go to the hospital?
How much will this cost?
Can you sue for a dog bite?
As a dog bite law firm in Hamilton, Ohio, we hear the last question often. In most cases, the answer is yes, you can sue for a dog bite. But should you? What does that process look like? What will happen to the dog?
These are all valid questions and concerns that we’d like to address today so you know how to proceed.
When is a Dog Bite a Legal Matter?
To answer the question “can you sue for a dog bite”, you need to determine if it’s a legal matter. Not every dog bite is a legal situation. There is important context and extenuating circumstances to consider. In Ohio, as well as many other jurisdictions, dog bite incidents become legal matters when certain conditions are met.
Legal liability Under Ohio law
According to dog bite laws in Ohio, the statute on point provides that the owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss caused by the dog. This means that the injured person doesn’t need to show that the owner acted negligently. An owner, keeper, or harborer may be strictly liable by virtue of the bite happening. Period.
So, in situations where you were bitten by a dog and you suffered injuries (or property damage) as a result, you may have a claim and the dog’s owner (or someone acting in the dog’s control) can be held responsible. However, as with many things, there are exceptions.
Exceptions and Defenses
While being bitten by someone else’s dog may seem like an open and shut case, this isn’t always true. There are several situations where liability is undercut. For example, Ohio law states that the owner is not liable if the person bitten:
- was committing or attempting to commit a criminal trespass or another criminal offense (other than a minor misdemeanor) on the owner’s property, or
- was teasing, tormenting, or abusing the dog when the bite occurred.
Also, the definitions of owner, keeper or harborer matter. A “keeper” may be someone who had physical control of the dog at the time, while a “harborer” may be someone who controls the premises where the dog resides.
If you’re asking “can you sue for a dog bite”, you need to confirm (1) that the dog was under someone’s control, (2) that the bite or attack caused injury or loss, and (3) that no legal exception applies in your case.
The Dangers of Dog Bites
While dog bites are often seen as relatively harmless, this is often not the case. Even a seemingly shallow bite from a small dog can pose a serious risk to a person. This is especially true in the case of children.
Physical injuries
Dog bites can cause lacerations, puncture wounds, nerve damage, scarring, disfigurement, and even bone fractures, especially in children. The more severe the injury, the more significant the medical care, rehabilitation, and potential long-term impacts.
Even if the wound seems superficial, it may lead to an infection. Dogs’ mouths can carry bacteria that is very dangerous to humans as well. We don’t mean to sensationalize or scare, but a quick internet search can find stories of people losing hands and limbs due to seemingly insignificant dog bites.
Emotional and psychological impact
Victims may suffer fear, anxiety, posttraumatic stress, and other emotional harm after a dog bite incident. A question you should keep in mind when considering “can you sue for a dog bite” is whether the incident left you with more than just physical injury. The emotional toll, lost enjoyment of life, and fear of animals in the future are real consequences.
Financial consequences
Medical bills stack up, you may miss work or be unable to return to the same job, you might have ongoing therapy (physical or psychological), and there may be permanent impairments that reduce your future earning capacity. If you’re someone who works with your hands (even if it’s typing on a keyboard), a bite on the hand may leave you unable to do your job for some period of time.
Public safety implications
When a dog bite occurs, it affects not only the victim but the community. Local animal control laws may require quarantine, investigation, or classification of the dog as “dangerous” or “vicious.” For example, in Ohio, any dog that bites a person must observe a quarantine period of at least ten days for possible rabies monitoring.
When it comes to filing a case for a dog bite, it’s not just about receiving financial compensation; it’s about ensuring that your community is safe and the dog in question is being properly cared for.
Should You Sue for a Dog Bite?
Now that you understand when a dog bite becomes a legal matter and why the consequences are serious, the next question is: should you sue for a dog bite? Filing a lawsuit is a big decision, and it doesn’t always mean you must go to trial. More often than not, claims are resolved by settlement and that may very well occur before filing suit becomes necessary. Still, you do need to carefully weigh your options.
Factors that influence the decision:
- Extent of injuries and losses: If your injuries are minor, the cost and effort of filing suit might outweigh the benefit. But if you’ve suffered serious harm, long-term treatment, or significant lost income, it becomes increasingly likely that you should file a claim.
- Liability is clear: In Ohio, under the strict liability statute, you only need to show the dog belonged to someone and that it caused your injuries; you don’t necessarily need to prove negligence. While common law provides a different take, the analysis can be similar.
- Insurance coverage/ability to recover: Even if you have a valid case, you must consider whether the dog owner has insurance (or assets) to pay a claim. If there’s no viable source of recovery, the decision to sue may be less straightforward.
- Statute of limitations: Legal deadlines apply. According to Ohio common law, you generally have two years to file a personal injury claim for a dog bite. Pursuant to the Ohio Revised Code, you have six years in which to file suit.
- Settlement possibilities: Many dog bite claims are resolved via pre-suit negotiation rather than litigation. If you have good evidence and representation, you may be able to settle without going to court. That’s part of the decision for should you sue for a dog bite.
- Is the dog dangerous: Sometimes dog bites can be a fluke. A dog gets scared. A person approaches too aggressively. A seemingly innocent play session turns rough. Other times, a dog may truly be unsafe for surrounding people. If you believe the dog poses a threat to more people, and the owner isn’t taking action, it may be a good idea to take it to court.
When you likely should take legal action
If you’ve been bitten and the outcome is serious (major medical care required, permanent scarring or disability, emotional trauma, missed work), then it’s likely you should take action. While we are always worried first and foremost about our clients, if you believe the dog will likely bite more people in the future, filing a legal case can help prevent this.
A qualified attorney can advise whether filing is right in your specific circumstances and help you understand what your claim could be worth.
When you might not
If the bite was minor and caused no lasting harm and the costs are small, you may be satisfied with a simpler route (medical care, insurance claim, informal settlement) rather than filing a lawsuit. Additionally, if the bite stemmed from a misunderstanding, or if it was the result of your own actions, it may be best to leave it as is.
When to Get an Attorney Involved
Though lawsuits and attorneys are typically grouped together, it is possible to file a suit without professional legal representation. When it comes to the question of “can I sue for a dog bite”, however, it’s in your best interest to at least speak to an attorney. In fact, it’s one of the first things you should do.
Early involvement matters
- Evidence preservation: An attorney can help you document the bite, gather witness statements, photograph injuries and conditions, obtain the medical records, and track the dog owner or keeper’s information.
- Insurance communications: Dog bite claims often involve homeowners’ insurance or other liability policies. An attorney knows how to handle negotiations so your words or actions don’t inadvertently undercut your claim.
- Legal deadlines: As noted above, there are statutes of limitation and other procedural rules. Getting a lawyer involved ensures you don’t lose the right to pursue your claim by missing a deadline.
- Maximizing recovery: An attorney can help you calculate full damages (medical, lost wages, future costs, pain and suffering), handle settlement discussions, and if needed, proceed to court.
- Handling defenses: The owner or keeper may raise defenses (provocation, trespass, minor misdemeanor exceptions). They may even hire their own attorney. By having an attorney on your side, you can appropriately.
In short, if you are seriously considering pursuing a claim, the sooner you get legal help, the better.
What Happens to the Dog?
Sometimes people are hesitant to pursue legal action with dog bites because of what might happen to the dog. This is especially true when the dog belongs to someone you know. If a dog bites a person, does it have to be put down? Not necessarily.
Understanding the animal control side and how it can affect your case is important. It’s also important to remember that if a dog bit you, there is a reasonable chance it may bite someone else in the future.
Quarantine and Health Concerns
In Ohio, when a dog bites someone and breaks the skin, the local health department must be notified and the dog is subject to a quarantine period (typically at least ten days) for rabies monitoring. This ensures public safety and may affect how the dog is handled while your claim is moving forward.
Dangerous or Vicious Dog Designations
Ohio law and local ordinances allow for dogs to be designated as dangerous or vicious depending on their behavior, prior incidents, and risk to the public. When a dog has been labeled dangerous or vicious, it often leads to more stringent rules for the owner (restraint, insurance, signage, registration) or even euthanasia in extreme cases.
It’s important to note that outside of extreme situations (such as rabies), a dog is not put down after its first biting situation.
Impact on Your Claim
What happens to the dog can influence your case. If the dog is deemed “vicious” or “dangerous,” that may support the seriousness of your injury and the fault of the owner. It may affect insurance company’s perceptions, settlement value, and the owner’s willingness to negotiate.
Owner Responsibilities
The dog owner may face not only civil liability, but they may also deal with administrative or criminal consequences depending on local law and ordinance violations. While this doesn’t replace your right to sue, it adds context and sometimes additional leverage in your case.
The Richards Firm is Here to Guide You
If you’re facing the aftermath of a bite — the medical care, the bills, the questions about liability — it’s understandable to be asking the question can you sue for a dog bite? The good news is yes, you may have that right, and you don’t have to face the process alone.
At The Richards Firm, we’re here to make the legal system more accessible while ensuring people find justice in cases of accidents and injuries. Here’s how we do that:
- We offer a free, no obligation consultation to review your situation and help answer can you sue for a dog bite? without pressure.
- We explain your rights under Ohio law (including strict liability, exceptions, timelines) and what your potential recovery might look like.
- We handle investigation, evidence gathering, communications with insurance companies, and guidance through the legal process so you can focus on healing.
- We work on a contingency-fee basis, which means you owe nothing upfront and only pay if we recover compensation for you.
- We stay with you throughout, from helping you understand what happens to the dog, to making sure your claim is filed in time, to negotiating or litigating if needed.
As self-professed dog lovers, we understand just how complicated a dog bite situation can be. However, when a dog injures someone, it’s critical that the incident is taken seriously and the appropriate legal measures are followed. Otherwise further harm may arise.
If you or a loved one has been bitten by someone else’s dog, don’t hesitate to take action. Contact The Richards Firm at 513-461-0084 or by visiting our contact page here. We’re hear to answer questions like “can you sue for a dog bite”, “how do I build my case”, and more.