A dog bite can be both physically and emotionally traumatic, especially when it’s by a dog that appeared to be under control.
Many people assume that if a dog was leashed at the time of the incident, the owner cannot be held responsible. But in Ohio, being on a leash doesn’t automatically let the owner off the hook — they may still be held legally and financially accountable. That could mean covering your medical bills, lost wages, and pain and suffering through their homeowner’s or renter’s insurance policy. In some cases, you may also be able to file a personal injury lawsuit.
In this guide, we’ll break down what Ohio law says about dog bite liability and how leash status plays into a potential lawsuit.
Understanding Ohio Dog Bite Laws
Ohio law generally holds dog owners responsible when their dog bites someone, even if the dog was leashed and had never acted aggressively before. This is known as “strict liability,” as outlined in Ohio Revised Code § 955.28. Leash status may affect how a case is evaluated, but it does not override strict liability.
How leash laws factor into a claim
Many Ohio municipalities require dogs to be leashed in public spaces. While compliance with leash laws may show that the owner attempted to control their pet, it is not a legal shield against liability. A leashed dog can still cause harm, and in the eyes of Ohio dog bite laws, the owner may still be held accountable.
Moreover, if the owner failed to follow local leash ordinances (such as using an improper restraint or allowing the dog to lunge at passersby), this could further support a claim. Courts may also consider whether the owner had prior knowledge of the dog’s aggressive tendencies, regardless of whether it was leashed at the time of the bite.
Explore 4 common myths and misconceptions about Ohio dog bite laws.
Grounds for Suing After a Leashed Dog Bite
The dog was known to be aggressive
Even in a strict liability state like Ohio, evidence that a dog had a history of aggression can strengthen your claim. If the dog had previously bitten someone, exhibited threatening behavior, or was officially classified as “dangerous” or “vicious” under Ohio dog bite laws, the owner may be held accountable for failing to take appropriate precautions.
Owners who are aware of their dog’s aggressive tendencies are expected to prevent potential attacks by taking measures such as secure enclosures, proper leashing, and warning signs.
The bite occurred in a public place or where you were lawfully present
Under Ohio dog bite laws, dog owners are generally liable for injuries their dogs cause as long as you weren’t trespassing or committing a criminal act at the time of the incident.
This includes bites that occur in public spaces like sidewalks and parks, as well as private properties where you had a legal right to be, such as a friend’s home or while performing job duties like deliveries or maintenance.
You did not provoke the dog
Provocation can serve as a defense for dog owners under Ohio dog bite laws. If you were teasing, tormenting, or abusing the dog at the time of the incident, the owner’s liability may be reduced or eliminated.
However, courts assess provocation based on the reasonableness of the victim’s actions and the dog’s response. For instance, unintentionally startling a dog or making a sudden movement is generally not considered provocation.
Additionally, children are often held to a different standard, as they may not fully understand how their actions affect animals. Learn more about what to do if your child has been bitten by a dog.
So, Can You Sue If a Leashed Dog Bites You?
Yes — in many cases, legal action is still possible even if the dog was leashed. Under Ohio dog bite laws, leash status alone does not shield a dog owner or custodian from liability. What matters most are the specific circumstances of the incident, including where it occurred, whether the dog had shown prior signs of aggression, and whether any provocation was involved.
If a leashed dog has bitten or attacked, it’s worth speaking with a dog bite lawyer to determine the strength of your case. In most cases, we’ll file a claim against the dog’s owner or whoever had custody of the dog at the time. If they don’t have homeowner’s or renter’s insurance applies, the claim may proceed as a personal injury lawsuit.
Our team at Slater & Zurz has extensive experience handling dog bite cases throughout Ohio. We understand the nuances of state and local dog bite laws, and we’re prepared to fight for the compensation you may be entitled to. Consultations are always free, and we don’t charge any fees unless we win your case. Contact us today at 330-762-0700 to speak with an attorney and get the answers you need.
Written by Michael Schmeltzer
Michael, a partner at Slater & Zurz, represents clients in a broad range of complex cases, including catastrophic personal injury, construction accidents, trucking and motorcycle collisions, product liability, wrongful death, nursing home negligence, and medical and professional malpractice.
