Can You Sue for a Dog Bite in Ohio?

December 19, 2024 | By Colombo Law

An Ohio dog bite lawsuit can help you obtain fair compensation if you were bitten by someone else’s dog. The question is: Do you have a case?

Colombo Law provides knowledgeable representation for the victims of dog bites in Columbus, Cincinnati, and other areas of Ohio. We know the physical injuries and emotional trauma that can occur due to dog attacks. An Ohio dog bite attorney at our firm can help you explore your legal options.

Find out if you have a viable Ohio dog bite lawsuit. Call Colombo Law at 614-362-7000 in Columbus or 513-599-8841 in Cincinnati today for a FREE case review.

Do You Have a Dog Bite Case?

In Ohio, dog owners are liable for injuries caused by their dog regardless of whether the dog had a previous history of aggression or violence. This is known as a strict liability standard, and it applies to the owner of the dog, a keeper (i.e., someone temporarily responsible for the dog, such as a friend or neighbor of the owner), or a harborer (i.e., the owner of premises where the dog resides or is kept).

Unlike many states, Ohio does not require the plaintiff in a dog bite lawsuit to prove that the owner knew about the dog’s aggressive tendencies and failed to take necessary action. If their dog injures someone, the defendant is generally liable—even if they took precautions, such as leashing the dog, keeping it in a fenced yard, etc.

There are several exceptions to the Ohio dog bite law that could affect your case. Common defenses in dog bite claims include:

• Trespassing: The owner, harborer, or keeper of a dog is not liable for injuries if the plaintiff “was committing or attempting to commit criminal trespass or another criminal offense other than a minor misdemeanor” on the defendant’s property.
• Criminal offense: If the plaintiff “was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person,” the owner may not be held liable for injuries and damages caused by the dog.
• Provocation: An owner, keeper, or harborer is not liable for dog bite injuries if the plaintiff was “teasing, tormenting, or abusing the dog on the owner’s, keeper’s, or harborer’s property.”

Parents may be able to sue if a dog bites their child, even if the child unknowingly provoked the dog into biting. Children often don’t know how to interact with dogs. They may pull on a dog’s tail, get too close when the dog is eating, or engage in other acts that could put them in danger. Generally, a court will not consider this “teasing, tormenting, or abusing” and the family may still have a right to compensation for a dog bite.

Do I Need to Sue for a Dog Bite?

The insurance company may rely on the arguments above to dispute or deny your dog bite claim. If the insurer will not compensate you fairly, it may be necessary to file a lawsuit to recover the full damages you deserve.

A knowledgeable personal injury lawyer can review the details of your case. Most claims are resolved through settlement negotiations, but, if an agreement cannot be reached, your attorney can file an Ohio dog bite lawsuit on your behalf.

What Happens After a Dog Bite in Ohio?

The aftermath of a dog attack is pandemonium. You are in pain, may be in fear for your safety, and likely don’t know what to do next. Fortunately, there are steps you can take to safeguard your health and well-being while preserving your legal rights. These include:

1. Get medical care: Dog bites can result in deep puncture wounds and lacerations. They also present a high risk of infection. You should see a doctor or go to the emergency room without delay.
2. Obtain information about the dog and the owner: If possible, try to get the owner’s name, address, and contact information. You should also ask if the dog is up to date on its vaccinations.
3. Take photos: Photograph your injuries and the premises where the attack took place. If it’s safe to do so, try to take pictures of the dog as well so the animal can be identified.
4. Report the dog bite: Call 911 if the attack results in serious injury. It may also be wise to call animal control if the dog is at large or continues to act aggressive.
5. Speak to witnesses: Eyewitness testimony can support your version of events. Ask people in the vicinity what they saw and get their contact information.
6. Follow your doctor’s recommendations: Dog bite victims may require surgery, physical therapy, and other interventions. Your doctor may also recommend rabies shots and/or antibiotics to prevent infection. It is crucial to follow these recommendations, both for your recovery and to strengthen your legal claim.
7. Hang on to damaged personal property: Ripped clothing and broken belongings can help to establish the ferocity of the dog attack, so keep any personal items that were damaged.
8. Keep track of your bills: Medical expenses will account for a significant portion of the damages in a dog bite claim. Keep all of your medical bills and health statements organized so you can accurately quantify your losses, as well as out-of-pocket expenses for medications, medical equipment, etc.
9. Track other losses: Other important details to keep track of include the time you miss from work and the wages you lose, as well as any pain or psychological trauma you experience.
10. Seek legal counsel: Do not assume that you will automatically get the full compensation you are due. Hiring an experienced dog bite lawyer is the best way to protect your rights—especially if a lawsuit may need to be filed.

For most personal injury claims, the statute of limitations in Ohio is 2 years. However, in some cases, the time limit for a dog bite claim may be 6 years. Exercising your legal rights within the limitation period is crucial, so don’t wait to speak to an attorney.

Is It Mandatory to Report a Dog Bite in Ohio?

Yes. In Ohio, dog bites must be reported within 24 hours to the local health commissioner. This would be Franklin County Public Health for incidents in and around Columbus and Hamilton County Public Health in the Cincinnati area.

Animal bites may be reported by the victim or a healthcare provider. While your doctor might notify the appropriate health department on your behalf, there is no harm in reporting the bite yourself. In addition to ensuring that you abide by the dog bite reporting requirements, the report creates a record that can help support your Ohio dog bite lawsuit.

How Much Can I Sue for a Dog Bite in Ohio?

The compensation you may be entitled to depends on the specifics of your case. Recoverable damages in a dog bite claim may include:

• The cost of ambulance services, emergency room treatment, hospitalization, etc.
• Future medical expenses for ongoing treatment, rehabilitation, and mental health counseling
• Out-of-pocket costs for healthcare-related travel, household assistance, etc.
• Lost wages to date
• The loss of future earning capacity
• Scarring and disfigurement
• Pain and suffering
• Emotional anguish
• Permanent disability

Dog attacks are rarely fatal to humans, but sadly they do happen. If someone you love died as a result of dog bite-related injuries, a wrongful death lawyer can evaluate your family’s losses and pursue maximum compensation on your behalf. Retaining legal counsel will allow you to grieve and process the momentous loss while a qualified attorney works to obtain a favorable outcome.

Get Help with an Ohio Dog Bite Lawsuit

One of the factors that sets Colombo Law apart is our philosophy when it comes to personal injury litigation. We prepare every case as though it will ultimately go to trial.

In most instances, the matter won’t end up in court because insurance companies know our reputation and are typically willing to settle. However, if filing a lawsuit and going to trial is the only way forward, the Colombo Advantage ensures that we will be able to represent you effectively.

We know the ins and outs of dog bite lawsuits while recognizing that each case is different. Our goal is to achieve the result you deserve by exploring every avenue and never leaving money on the table.

Contact Colombo Law today for a FREE case review. Our dog bite attorneys serve clients in Columbus, Cincinnati, and other areas of Ohio.