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Ohio Dog Bite Law Protects Dog Attack Victims

Ohio dog bite law is one of the most comprehensive and favorable laws for victims of Ohio dog attacks. It is a “strict liability” statute, which holds the person who owned or should have controlled the dog, responsible for any injury caused by the animal. Moreover, they can be held legally accountable for all personal or property damage that resulted from the dog attack.

The Ohio Dog Bite statute (Ohio Revised Code 955.28) states:

The owner, keeper, or harborer of a dog is liable in damages for any injury, death, or loss to person or property that is caused by the dog, unless the injury, death, or loss was caused to the person or property of an individual who, at the time, was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer, or was committing or attempting to commit a criminal offense against any person, or was teasing, tormenting, or abusing the dog on the owner's, keeper's, or harborer's property.

Elements of an Ohio Dog Bite Claim

The two key elements necessary to prove an Ohio dog bite claim are:

1. That a dog attack injury occurred, and
2. That the defendant was the owner, keeper, or harborer of the dog in question.

Under the Ohio dog attack statute, a dog “owner” is the person to whom the dog belongs; a “keeper” is the individual who had physical charge or care of the dog at the time of the attack, and a “harborer” is the one who had possession and control of the premises where the dog lives, and acquiesced to the dog's presence.

In most Ohio dog bite cases, the fact that an injury occurred can be established with photographs, medical records, witness statements or other evidence that the dog caused substantial physical harm. The defendant, the person who would be legally responsible for damages to the dog bite victim, usually can be identified with licensing and vaccination records or the testimony of witnesses.

Many people believe that "every dog is allowed one bite.” This is simply not true under Ohio dog bite law. A dog’s “good behavior” before an attack does not shield the dog owner, keeper, or harborer from responsibility.

Provocation Defense

One of the frequently asserted defenses is provocation. Even in Ohio, it is common for an insurance company to assert that an innocent victim in some manner "provoked" the dog and is responsible for injuries suffered in the dog attack. However, this assertion is nearly always incorrect.

If you or a loved one suffered a serious injury as a result of an Ohio dog bite, contact a dedicated Ohio dog bite lawyer. Please click here to submit a simple, free, and confidential legal consultation form now.

Ohio Statute of Limitations

The Ohio dog bite law allows an Ohio dog attack victim to take legal action against an Ohio dog owner, keeper, or harborer of the animal for up to 2 years from the date of the incident. Nevertheless, it is not wise to delay. Instead, seek immediate legal help, if you or a loved one was the victim of a dog bite in Ohio.

In some situations, an Ohio dog bite victim has additional time to file a claim. The most common example is children. As a legal minor, a child bitten by a dog has until his or her 20th birthday to start formal legal proceedings.

However, waiting is not in the child’s best interest. A parent or legal guardian should get immediate legal assistance, to preserve essential evidence and pursue the claim on the child’s behalf.

Protect your legal rights. If you or a loved one suffered a serious injury as a result of an Ohio dog bite, contact a committed Ohio dog bite lawyer. Please click here to submit a simple, free, and confidential legal consultation form now.

Value of an Ohio Dog Bite Case

Determining the value of a dog bite claim is a complicated matter. Before an attorney can engage in serious negotiations regarding settlement, it is important to assess the degree of long-term damage. It may strengthen a claim to wait for a few months to determine the extent of any permanent scarring. An Ohio dog attack injury attorney can advise you on the best way to proceed.

If you or a loved one suffered a serious injury as a result of an Ohio dog bite, contact a dedicated Ohio dog bite lawyer. Please click here to submit a simple, free, and confidential legal consultation form now.

Take advantage of the Bernstein Approach today. Protect your legal rights.