Dogs have been affectionately referred to as “man’s best friend” for a reason. Their loyal and compassionate spirits make them wonderful companions for families and people of all ages. Many dogs, especially when they are well-trained and cared for properly, pose little threat to the safety of others.
However, dogs are still creatures of instinct. An otherwise well-behaved dog might unexpectedly bite or attack. And, of course, there are dogs that have not been properly trained or cared for, which are much more likely to lash out at a stranger. When a dog bite happens, serious injuries can occur. Even if the bite seems harmless and/or the dog is small, significant damage and infection can occur, though it might not be immediately apparent.
When dog bites in Ohio happen, it’s important that you understand your legal rights according to the various dog bite laws in Ohio.
The Richards Firm is an accident, injury, and dog bite attorney firm located in Hamilton, Ohio. We regularly assist clients who have been injured due to a dog bite in Greater Cincinnati and Northern Kentucky. Today, we would like to share insight on what the law says about dog bites and what you should do if you’ve been injured due to someone else’s dog.
Strict Liability Laws for Dog Bites in Ohio
There are approximately 20,000 animal bite incidents in Ohio every year. Nearly 75 percent of these are from dogs. When it comes to dog bites, Ohio operates under a strict liability framework for dog bites. Under Section 955.28 of the Ohio Revised Code, dog owners are “strictly liable” for damages or injuries caused by their animals.
Unlike other personal injury claims that require proving negligence, strict liability means that dog bite laws in Ohio place the burden on the dog owner to ensure their pet does not cause harm.
In a strict liability claim:
- The injured party does not need to prove the dog owner acted negligently.
- It does not matter if the dog has no history of aggressive behavior.
- The owner is held responsible even if they took reasonable steps to prevent an attack.
Ohio views dogs as an inherent public safety threat. Dog owners, keepers, and harborers have expected duties. They must take proactive steps to protect innocent people from their animals in any given situation.
Common Law Negligence
Under Ohio’s common law, victims may also pursue compensation through a common law negligence claim. Negligence claims require the victim to demonstrate that the dog owner or handler failed to exercise reasonable care, resulting in the dog attack. This type of claim is more challenging to prove because it requires evidence of fault.
In a negligence case, the victim must show:
- The defendant owned or controlled the dog.
- The dog had a history of aggression or was known to be dangerous.
- The defendant failed to act responsibly to prevent the bite or attack.
While this approach is more complicated than strict liability, it provides an additional legal avenue for victims to seek compensation, especially when other parties (like landlords) may also share some responsibility.
Who is Liable According to Dog Bite Laws in Ohio?
While dog owners typically hold the most responsibility for their dog biting someone, Ohio law states that keepers and harborers of the dog may also be at fault.
When a dog bite occurs, the owner’s home insurance policy often covers injuries that the victim has suffered. In some cases, landlords, rental companies, and other commercial entities can also be liable for an attack, in which case their liability policies could provide coverage.
Common Defenses for Dog Bite Cases
While Ohio’s strict liability law is designed to hold dog owners accountable, dog owners have several legal defenses we have frequently seen. Dog owners, as well as other responsible parties, have the right to defend themselves.
Common defenses include:
- Provocation: If the dog was provoked, teased, or threatened, the owner may not be held liable.
- Trespassing: A dog owner is less likely to be held responsible if the victim was unlawfully on their property at the time of the attack.
- Commission of a crime: If the victim was engaging in a criminal act when the bite occurred, the dog owner may be exempt from liability.
If any of these legal defenses can apply to a case, then the injured victim may have difficulties recovering compensation.
For common law dog bite claims, the victim must prove the defendant owned or harbored the dog, the dog was vicious, the defendant knew of that viciousness, and the defendant was negligent in keeping the dog. You can anticipate the defense to specifically target these exact claims and place any/all blame on yourself.
What to Do After a Dog Bite Injury in Ohio
If someone’s dog has bitten you, it’s critical to act quickly to protect your physical, financial, and mental well-being. Here is what you should do:
Ensure Your Safety
Your immediate priority is your safety. If the dog that bit you is still nearby, move to a secure location to prevent further injury or escalation. If the dog’s owner is present, ask them to restrain the animal, preferably using a leash or placing it in a secure area.
A frightened or injured dog may behave unpredictably, and your safety comes first. Avoid confrontation with the dog or the owner if they seem agitated. Instead, focus on creating distance from the animal. If the dog is roaming loose, you may need to contact local animal control to ensure it doesn’t harm others.
Keep in mind that injuries from dog bites are not just physical; experiencing a dog attack can also be traumatic. Your safety and well-being, both physically and emotionally, are paramount.
Assess the Injury
Regardless of how minor the bite initially seems, it’s essential to carefully assess the wound. Wash the area thoroughly with soap and warm water as soon as possible to reduce the risk of infection. If available, use an antiseptic like hydrogen peroxide or rubbing alcohol. Once cleaned, apply an antibiotic ointment and cover the wound with a sterile bandage to protect it from dirt and bacteria.
Monitor the area for signs of swelling, redness, warmth, or pus. These could indicate an infection. Some injuries may appear minor on the surface but could involve deeper tissue or muscle damage, so if the bite is deep, jagged, or bleeding heavily, apply pressure with a clean cloth and seek immediate medical help. Dog bites can also cause nerve damage, so if you notice any numbness or tingling, mention this to a healthcare professional.
Seek Medical Attention
Even if the injury seems mild, consulting with a healthcare provider is always recommended. Dog bites can introduce bacteria, such as Pasteurella, Staphylococcus, or even rabies, into your body. Depending on the severity and nature of the wound, your doctor may recommend a tetanus booster, which is especially important if it’s been more than five years since your last shot. Antibiotics may also be prescribed to prevent infection.
Medical attention is not only about your physical recovery but also serves as essential documentation if you choose to pursue legal action later. A detailed medical report can provide a timeline of the injury and medical treatment, which will be crucial for building your case. Follow up with your doctor if the wound shows signs of infection or if swelling, fever, or stiffness develops in the days following the bite.
Document the Incident
Proper documentation is critical if you plan to seek compensation or take legal action against the dog’s owner. Start by gathering the owner’s contact details and, if possible, the dog’s vaccination history, particularly for rabies. Take clear, close-up photos of your injury immediately after the bite and continue documenting the healing process over the next few days. These photos will serve as visual evidence of the extent of your injury.
If there were witnesses, collect their names and contact information. Their testimony could support your version of events, particularly if the dog has a history of aggression. It’s also helpful to write down every detail of the incident while it’s still fresh in your mind. Make sure to include the location, time, description of the dog, and any conversations you had with the owner.
If the situation escalates, this documentation will help your attorney build a stronger case.
Finally, report the bite to local animal control or your city’s health department. In many jurisdictions, reporting dog bites is mandatory to track potentially dangerous animals and prevent future attacks. An official report can also serve as additional evidence if you decide to pursue legal action. Taking swift action not only protects your health but also strengthens your case. Insurance companies often try to deny or downplay claims, so having solid evidence is essential.
When to Speak to an Attorney About Dog Bites
Given the legal complexities surrounding dog bite laws in Ohio, it’s in your best interest to work with a qualified personal injury attorney. An experienced lawyer can assist with:
- Evaluating your case and determining the best legal strategy, whether under strict liability or negligence.
- Negotiating with insurance companies to ensure you receive fair compensation for medical bills, lost wages, and emotional trauma.
- Filing a lawsuit, if necessary, to hold the responsible parties accountable.
Even if the bite doesn’t seem severe, and the dog’s owner appears to be agreeable, it’s never a bad idea to discuss the situation with a trustworthy personal injury attorney. They typically provide free consultations, so you have nothing to lose.
Protecting Your Rights Under Dog Bite Laws in Ohio
Dealing with a dog bite injury can be overwhelming, especially when it results in medical expenses, emotional trauma, and uncertainty about your legal options. Dog bite laws in Ohio are designed to protect victims by holding dog owners accountable, but the legal process can still be challenging to navigate.
At The Richards Firm, we are here to help. With years of experience representing dog bite victims throughout Ohio and Northern Kentucky, we are committed to advocating for your rights and securing the compensation you need to recover. We have the knowledge and expertise to guide you every step of the way.
When you work with The Richards Firm, you can always expect to be treated as an individual with unique needs and goals. We’re here to listen and respond as you need us to. If you or a loved one has been injured in a dog attack, contact us today for a free consultation. Let us help you navigate dog bite laws in Ohio so you can move forward with your life.