Dog Bite Frequently Asked Questions
Dog bites and attacks can cause serious physical injuries, permanent scarring, emotional trauma, and substantial financial losses. The following information provides a general overview of Ohio dog-bite claims and addresses common questions people have regarding dog bite claims.
1. Is an owner automatically liable for a dog bite in Ohio?
Ohio law generally imposes statutory liability on a dog's owner, keeper, or harborer for injuries, death, or property loss caused by the dog. However, liability is not automatic in every situation. The injured person generally must establish that the defendant was the dog's owner, keeper, or harborer, that the dog's conduct proximately caused the injury or loss, and the amount of damages.
Ohio law also includes exceptions. For example, liability may be affected if the injured person was trespassing, committing certain criminal conduct, or teasing, tormenting, or abusing the dog. The specific facts surrounding the incident are important.
2. What does Ohio's strict-liability rule generally require the injured person to prove?
A claim under Ohio Revised Code Section 955.28 generally requires proof of:
● The defendant was the dog's owner, keeper, or harborer;
● The dog's actions were the proximate cause of the injury, death, or property loss; and
● The injured person suffered damages.
Ohio's statutory claim generally does not require proof that the dog had bitten someone previously or that the defendant knew the dog was dangerous. Other legal theories, including common-law negligence claims, may involve different elements and proof requirements.
3. Does the dog need to have bitten someone before?
Generally, no. An injured person usually does not need to prove that the dog had previously bitten someone or that the owner knew the dog had dangerous or vicious tendencies to pursue a claim under Ohio's statutory dog-bite liability law.
Evidence of prior incidents, aggressive behavior, complaints, or violations of leash or animal-control laws may still be relevant to other claims, the circumstances of the attack, or the conduct of the owner or keeper.
4. What if the injured person was lawfully on the property or in a public place?
Being lawfully present on the property or in a public place can be important because Ohio's statutory exceptions may limit liability in certain trespassing or criminal-conduct situations. A person does not necessarily lose the right to pursue a claim merely because the attack occurred on private property.
The circumstances of the person's presence, the purpose of the visit, whether the person had permission to be there, and whether the person engaged in conduct directed at the dog must be evaluated. A person's lawful presence does not eliminate the need to prove ownership or keepership, causation, and damages.
5. What is provocation, and how can it affect a claim?
Provocation may include conduct that teases, torments, abuses, or otherwise triggers the dog's aggressive response. Under Ohio law, evidence that the injured person provoked the dog may affect the claim and may support an applicable statutory defense.
Not every interaction with a dog constitutes provocation. The analysis depends on what occurred immediately before the attack, the age and conduct of the injured person, witness accounts, video evidence, and other surrounding circumstances. The defendant generally must support a provocation defense with evidence.
6. What should someone do immediately after a dog bite or attack?
After a dog bite or attack, consider taking the following steps:
● Seek prompt medical attention, even if the injury initially appears minor;
● Call emergency services if the injury is severe or the attack is ongoing;
● Report the incident to local animal control or law enforcement;
● Identify the dog, its owner, keeper, or harborer, and the location where the attack occurred;
● Obtain contact information for witnesses;
● Photograph the injuries, clothing, attack scene, and dog if it can be done safely;
● Ask about the dog's vaccination and licensing status;
● Keep copies of medical records, bills, prescriptions, and related expenses; and
● Avoid posting detailed statements about the incident on social media or signing a release before consulting an attorney.
If possible, preserve the clothing and other physical evidence from the attack in its original condition.
7. What evidence should be collected?
Important evidence may include:
● Photographs and videos of the injuries, dog, property, and attack scene;
● Medical records, bills, treatment notes, and photographs documenting healing or scarring;
● Animal-control and police reports;
● Names and contact information for witnesses;
● The dog's vaccination and license records;
● Information about prior incidents involving the dog;
● Communications with the dog's owner, property owner, insurer, animal control, or law enforcement;
● Documentation of lost wages or missed work; and
● Security-camera, doorbell-camera, or cellphone video.
Evidence should be collected and preserved as soon as possible because photographs, video recordings, witness memories, and official records may become more difficult to obtain over time.
8. Can a person recover for scarring, emotional distress, lost income, and future medical care?
Potentially. Depending on the facts and available proof, damages in an Ohio dog-bite claim may include:
● Past and future medical expenses;
● Emergency treatment, surgery, medication, and scar treatment;
● Lost wages and loss of future earning capacity;
● Pain and suffering;
● Emotional distress, anxiety, or fear resulting from the attack;
● Permanent scarring, disfigurement, or disability; and
● Other economic and noneconomic losses.
The amount and availability of damages depend on the severity of the injuries, the medical evidence, the impact on daily life and employment, and the applicable legal claims.
9. What if the dog owner has homeowners or renters insurance?
Homeowners or renters insurance may provide coverage for certain dog-bite claims, depending on the policy language, exclusions, coverage limits, and circumstances of the incident. Some policies exclude certain breeds, prior incidents, or particular types of conduct, while other policies may provide coverage.
An insurance claim does not necessarily resolve the legal issues or determine the full value of the claim. Before providing a recorded statement, signing a release, or accepting a settlement, it may be beneficial to have the policy and proposed resolution reviewed by an attorney.
10. What deadlines apply to an Ohio dog-bite claim?
Ohio personal-injury claims, including many dog-bite claims, are generally subject to a two-year statute of limitations under Ohio law. The date the claim accrues, the identity and status of the defendant, the age of the injured person, and other circumstances may affect the applicable deadline.
Special rules may apply to minors, governmental entities, incapacitated persons, or claims based on different legal theories. Missing a filing deadline can prevent recovery, so a potential dog-bite claim should be evaluated promptly.
11. When should a dog-bite victim contact an attorney?
A dog-bite victim should consider contacting an attorney as soon as possible, particularly when the injury requires medical treatment, results in scarring or disability, involves a child, causes emotional trauma, affects employment, or may require future care.
An attorney can help identify potentially responsible parties, preserve evidence, evaluate insurance coverage, investigate prior incidents, assess damages, and determine which deadlines apply. Early legal advice can also help protect the victim from making statements or signing documents that may affect the claim.
Disclaimer
This document provides general educational information and does not constitute legal advice or create an attorney-client relationship. Results, available damages, responsible parties, and filing deadlines depend on the specific facts of each case. Ohio law may change, and additional rules may apply to a particular claim. Consult a qualified attorney promptly for advice regarding your circumstances.
Contact Us
If you or a loved one has been injured in a dog bite or dog attack, contact Braden Blumenstiel Legal Advocates Group, LLC, for a consultation. Call 614-508-1677 or 888-343-9796.
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