How to Prove a Dog Bite Claim

To win a dog bite case, you generally need to prove the following four elements:

Duty of Care

You must demonstrate that the dog's owner, keeper, or harborer owed you a duty of care.

Dog owners and others responsible for dogs have a duty to control their dogs, keep them restrained when appropriate, and prevent them from biting or attacking others. In Ohio, this duty is addressed in part by Ohio Revised Code § 955.28, which generally imposes liability on the owner, keeper, or harborer of a dog for injuries, death, or property loss caused by the dog.

Ohio's statute does not generally require the injured person to prove that the dog had bitten someone before or that the owner knew the dog was dangerous. Instead, the injured person generally must establish:

●       The defendant was the dog's owner, keeper, or harborer.

●       The dog's conduct was the proximate cause of the injury or loss.

●       The injured person suffered legally recoverable damages.

A dog owner is the person who owns the dog. A keeper is generally someone who has custody or physical control over the dog. A harborer is someone who shelters, protects, or exercises control over the dog. Mere permission for a tenant or resident to possess a dog does not necessarily make a landlord or property owner a harborer.

Breach of Duty

You need to show that the dog's owner or responsible party failed to exercise reasonable care, or that the statutory requirements for strict liability were satisfied.

Examples of negligent conduct may include:

●       Allowing the dog to roam free or off-leash in violation of local leash laws.

●       Failing to restrain or contain a known aggressive dog.

●       Ignoring warning signs that the dog was dangerous.

●       Failing to warn visitors about the dog's presence or aggressive tendencies.

●       Leaving the dog unattended around children or in areas where people are present.

●       Keeping a dog known to bite despite prior incidents.

●       Failing to comply with applicable dog-control or dangerous-dog requirements.

In Ohio, a statutory dog-bite claim under R.C. § 955.28 generally does not require proof that the owner was negligent or knew of the dog's dangerous tendencies. A separate common-law negligence claim may require proof that the defendant knew or should have known of the dog's vicious or dangerous propensities and failed to take reasonable precautions.

Causation

You must prove that the dog's conduct directly caused your injuries.

There needs to be a direct link between the dog bite or attack and the harm you suffered. It is not enough that the defendant owned or controlled the dog. You must show that the dog's actions were the proximate cause of your physical injuries, emotional injuries, or property damage.

In some cases, the dog may cause an injury without biting. For example, a person may be injured while trying to escape a charging dog or may fall after being knocked down. The evidence must establish a sufficient causal connection between the dog's conduct and the resulting injury.

Damages

You need to demonstrate that you suffered actual damages as a result of the bite or attack. These damages can include:

●       Medical expenses, both past and future, including emergency care, surgeries, rehabilitation, and scar treatment.

●       Lost wages, both past and future.

●       Pain and suffering.

●       Emotional distress, including fear of dogs or post-traumatic stress.

●       Permanent scarring or disfigurement.

●       Loss of earning capacity.

●       Other economic and non-economic losses.

●       Property damage, where applicable.

●       Wrongful-death damages in fatal cases.

In summary, you generally must prove that the defendant was the dog's owner, keeper, or harborer; that the dog's conduct caused the injury; and that you suffered damages. In Ohio, a statutory claim generally requires proof that the dog caused the injury, while the injured person was not within one of the statutory exceptions.

Ohio's Strict-Liability Standard

Ohio generally imposes statutory liability on a dog's owner, keeper, or harborer for injuries or losses caused by the dog under Ohio Revised Code § 955.28.

A person may not recover under the statute if the injury occurred while the person was:

●       Committing or attempting to commit a criminal offense, other than a minor misdemeanor, on the property where the injury occurred.

●       Teasing, tormenting, or abusing the dog on the owner's property.

The statute also contains specific provisions concerning people who enter property solely for door-to-door sales or solicitation. Each claim requires a careful review of the facts, including where the incident occurred, why the injured person was present, and whether any statutory exception applies.

Ohio law does not follow a traditional “one-bite” rule for statutory dog-bite liability. However, evidence of prior incidents, aggressive behavior, warnings, and violations of dog-control laws may be important when pursuing a separate negligence claim or evaluating punitive damages.

Evidence Used to Build a Strong Case

To build a strong case, evidence is crucial. This can include:

●       Photographs and videos of the dog, the attack scene, and your injuries.

●       Photographs of wounds immediately after the attack and during the healing process.

●       Medical records and bills.

●       Animal-control, county dog warden, public-health, and police reports.

●       Witness statements and contact information.

●       Proof of the dog's vaccination and license records.

●       Documentation of prior incidents involving the dog.

●       Records showing whether the dog was classified as dangerous, nuisance, or vicious.

●       Leash-law violations or other citations.

●       Communications with the dog's owner, landlord, property manager, or animal-control authorities.

●       Documentation of lost income.

●       Evidence of permanent scarring or disfigurement.

●       Expert testimony from medical professionals, plastic surgeons, psychologists, or animal-behavior experts.

The injured person should seek medical attention promptly, report the incident to the appropriate local authority, identify the dog and its owner, and preserve photographs and other evidence. Medical treatment and official reports may be important both for health and for establishing the legal claim.

Potential Defenses

Dog owners and other defendants may raise defenses such as:

●       The defendant was not the dog's owner, keeper, or harborer.

●       The defendant did not shelter, protect, or exercise control over the dog.

●       The injured person was trespassing or committing a disqualifying criminal offense.

●       The injured person teased, tormented, or abused the dog.

●       The dog did not cause the claimed injury.

●       The claimed damages were caused by another event or condition.

●       The plaintiff failed to mitigate damages.

●       The claim was filed after the applicable statute of limitations expired.

Comparative negligence may also affect recovery when a separate negligence claim is pursued. The availability and effect of a particular defense depend on the facts, the legal theory asserted, and the applicable jurisdiction.

There are strict time limits, or statutes of limitations, for filing a dog bite claim. Anyone injured by a dog should consult an attorney promptly so that evidence can be preserved and applicable deadlines can be evaluated.

If you or a loved one has been bitten or injured by a dog, call the dog bite attorneys at Braden Blumenstiel Legal Advocates Group, LLC, today. Call us at 614-508-1677 or 888-343-9796 for a free consultation.

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