Each year, there are roughly 4.5 million people injured in the United States due to a dog bite. While the overwhelming majority of dogs kept as pets will never harm anyone, that does not mitigate the serious injuries and other harms caused by the minority of animals that do bite someone. Indeed, a dog bite attack can leave its victims with thousands of dollars in medical bills and other out-of-pocket losses, as well as having to process the ongoing psychological trauma of their recovery.
Ohio law imposes certain requirements on anyone who owns, keeps, or harbors a dog to ensure their animal does not bite someone. If you have been the victim of a dog bite, you can seek compensation from the responsible person or persons. A Cleveland dog bite lawyer can advise you on the law in this area and represent you in taking appropriate action following a dog bite attack.
Understanding Dog Bite Laws in Ohio
Most personal injury claims are based on negligence. For example, if a driver runs a red light and hits another vehicle in the intersection, that is a negligent act. The people in the other car could seek compensation from the driver based on negligence.
When it comes to personal injury claims arising from dog bites, however, Ohio imposes a strict liability standard on the “owner, keeper, or harborer of a dog.” Strict liability means that you do not have to prove the defendant was negligent or did anything wrong per se. Rather, the defendant is legally responsible simply because a dog under their care or responsibility bit someone.
It is also important to distinguish Ohio’s strict liability standard from the “one-bite” rule. Under the common law, a dog bite attack victim must prove that the owner had prior knowledge of their animal’s tendency to bite people. This typically means showing the animal bit at least one other person before–hence the term “one-bite rule.”
Strict liability is a function of statute, while the one-bite rule is a form of negligence under common law. Ohio courts have held that a dog bite victim can pursue compensation under either standard. So why would a dog bite victim pursue a one-bite rule claim when strict liability requires no proof of negligence? The answer comes down to compensation.
Under the strict liability rule, a dog bite victim is entitled to seek compensatory damages for their economic and non-economic losses.
This includes their medical bills, loss of income if they missed time from work, and their pain and suffering. Such damages are also available under a one-bite rule claim. In addition, however, a court may also award punitive damages in a one-bite case. Punitive damages are meant to punish egregious conduct on the part of a defendant. In a dog bite case, this usually means the owner kept an animal they knew had “vicious” tendencies and was likely to injure someone.
Ohio Dog Bite Reporting Requirements
In addition to potential civil liability, Ohio law also requires dog owners to report any dog bite incident involving their animal. It does not matter where the dog bite occurs or who the victim was.
Even if the dog bit its owner, the owner must still report it. In the City of Cleveland, dog bites must be reported to the Commissioner of Environmental Health within 24 hours. The Commissioner then has the authority to order the dog confined for at least 10 days. Failure to report a dog bite may lead to both civil and criminal penalties.
Frequently Asked Questions About Dog Bite Laws in Ohio
Can a dog-walker be held liable for a dog bite that occurs while they are caring for the animal?
Yes. Ohio’s strict-liability rule for dog bites applies to “owners, keepers, or harborers” of a dog. A dog-walker can be considered a “keeper” in this context.
A tenant’s dog bit me while I was visiting their apartment building. Can I sue the landlord?
Maybe. In general, a landlord is not liable for any dog bites that occur inside of a tenant’s apartment. But if an animal is allowed to wander the common areas of the building–say the bite occurs in a lobby–the landlord may be liable as a “harborer.”
Is a dog owner liable if their animal bites a trespasser?
Ohio’s strict liability dog-bite law holds owners harmless if their animal bites someone who commits “criminal trespass or another criminal offense other than a minor misdemeanor” on their property. (The law does explicitly protect salespersons and other commercial solicitors, who are not considered “trespassers.”) Additionally, a dog owner is not liable if the victim provoked the attack by “teasing, tormenting, or abusing the dog.”
Contact a Cleveland Dog Bite Lawyer Today
Dog bite injuries are a serious matter. Bite wounds are susceptible to serious, life-threatening infections. There is also the possibility, however slim, of contracting rabies from a dog bite. That is why it is important to hold dog owners accountable for their animal’s behavior.
If you need to speak with a qualified Cleveland dog bite lawyer, call Tittle & Perlmuter today to schedule a free case strategy session.
