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When Does an Ohio Dog Bite Victim Provoke an Attack?


“Provocation” is a legal defense that dog owners often raise in Ohio dog bite lawsuits.

In other words, the Ohio dog owner tries to “blame the victim” by insisting that the injured person did something to "provoke" the dog to attack.

This argument is almost always wrong.

The dog owner cannot wiggle out of an Ohio dog bite lawsuit, when the dog attack victim lawfully came onto the Ohio dog owner’s property or into the dog owner’s house. In fact, the Ohio dog bite law protects everyone who is not a trespasser.

Ohio dog bite victims who still have legal claims include:

  • U.S. Post Office mail carriers
  • Private delivery persons
  • Newspaper carriers
  • Utility meter readers
  • Public safety officials like police, firefighters, or emergency medical workers
  • Other government employees on official business, like building inspectors, etc
  • Friends or relatives of people living in the dog owner’s home, even those who drop by without an invitation

Another way that Ohio dog owners try to use the “provocation” defense is by arguing that the injured victim said or did something that caused the dog to attack. Again, this attempt to shift the blame is usually unsuccessful.

According to the Ohio dog bite statute, a victim has a right to seek compensation, even if the individual was bitten while:

  • Yelling, crying, or making other loud noises
  • Walking
  • Running or jogging
  • Bicycling
  • Roller skating
  • Eating
  • Playing with a ball or a toy

At the Sam Bernstein Law Firm, our dedicated Ohio dog attack attorneys know it is irrelevant, when Ohio dog owners or keepers offer all kinds of lame explanations why they could not control their dogs and fantastic reasons why victims were responsible for their own injuries. We will fight to protect our Ohio dog bite clients’ rights by showing that these excuses usually are irrelevant under Ohio dog bite law.

If you or a loved one was injured in an Ohio dog attack, contact a dedicated Ohio dog bite lawyer immediately.

Please click here to make out a simple, free, and confidential consultation form about your Ohio dog attack claim now.

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

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